Canterbury R 28 October 2017 – R 4 – Chair, Mr R McKenzie
ID: JCA14441
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 28 October 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Meet Committee Member 2:
HWeston
Race Date:
2017/10/28
Race Number:
R4
Decision:
Mr Shaikh having admitted the breach, the charge was found proved.
Penalty:
Mr Shaikh is fined the sum of $600.
Facts:
Following the running of Race 4, Canterbury Landscape Supplies Rating 75, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr P Shaikh, alleging that Mr Shaikh, as the rider of MR TYPHON in the race, “used his whip excessively prior to the 100 metres”.
Mr Shaikh was present at the hearing of the information. He indicated that he understood the charge and that he denied the breach. He was assisted at the hearing by Licensed Trainer (Class A), Mr M R Pitman.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the final 300 metres of the race. He pointed out MR TYPHON, ridden by Mr Shaikh, disputing the lead on the outside as the field entered the final straight. Shortly thereafter, Mr Shaikh commenced using his whip and, thereafter, used it on eight occasions, without any respite, between the 200 and the 100 metres.
Mr Oatham said that the Stewards were alleging that Mr Shaikh had used his whip “in an excessive manner”. They were alleging that Mr Shaikh had exceeded the permissible number of strikes and, in addition, that he had breached the following provision of the guidelines:
Nothwithstanding the above it will also be deemed to be unacceptable where a rider uses the drawn whip:
(g) using the whip with the arm above shoulder height.
Mr Oatham said it was unacceptable for a rider to use the whip in that manner and it was a “terrible look for racing”. It was a very bad look for non-racing people to see the whip used in that manner. Mr Shaikh had not only failed the count but also his whip use was excessive “in its generality” in that he had used the whip above shoulder height, Mr Oatham said.
Mr Pitman, at this point in the hearing, asked leave of the Committee, on behalf of Mr Shaikh, to change the plea to one of admitting the breach. Leave was granted accordingly.
Mr Pitman said that he disputed the alleged count of eight – he believed that it was only seven. Mr Shaikh had been trying his best. It was a $25,000 race and it was a long straight. The use of the whip had been broken up but, Mr Pitman accepted, that Mr Shaikh had not given the required respite. It was a breach at the lower end of the scale, Mr Pitman submitted.
Submissions for Penalty:
Mr Oatham informed the Committee that Mr Shaikh had been fined $300 and suspended for 1 day for a “high end” breach of the excessive use of the whip Rule at the meeting of Canterbury JC on 5 August last. On that occasion, he had struck the horse 18 times. This being a second breach in terms of the Penalty Guide, the starting point for penalty was a fine of $500, Mr Oatham said. He could not agree with Mr Pitman that the breach was toward the low end of the scale, he said. Whilst the number of strikes, eight, is not overly high, the manner in which Mr Shaikh had used his whip was not acceptable. The breach was above mid-range, he submitted.
Mr Oatham said that he accepted that Mr Shaikh had, clearly, made an effort, since his last breach of the Rule to address his whip use.
Mr Pitman said that Mr Shaikh is trying very hard to adapt to a style which is acceptable to Stewards.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine for a second breach of the Rule, which this was. That starting point applies to a mid-range breach of the Rule. In this case, Mr Shaikh exceeded the permissible number of strikes prior to the 100 metres – whether it was seven or eight, and that is disputed, is not material – because Mr Shaikh did exceed the permissible five. Because of the manner in which Mr Shaikh used his whip and, in particular, that he used it with the arm above shoulder height, the breach was, we agreed with Mr Oatham, above mid-range and, accordingly, an uplift which we fix at $100 to the starting point is called for.
The sole mitigating factor is Mr Shaikh’s admission of the breach (albeit belated). However, that factor is unexceptional and no discount is given for it.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 8410799836eb7571d72dd02dee395a92
informantnumber: A09529
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/11/2017
hearing_title: Canterbury R 28 October 2017 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Canterbury Landscape Supplies Rating 75, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr P Shaikh, alleging that Mr Shaikh, as the rider of MR TYPHON in the race, “used his whip excessively prior to the 100 metres”.
Mr Shaikh was present at the hearing of the information. He indicated that he understood the charge and that he denied the breach. He was assisted at the hearing by Licensed Trainer (Class A), Mr M R Pitman.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the final 300 metres of the race. He pointed out MR TYPHON, ridden by Mr Shaikh, disputing the lead on the outside as the field entered the final straight. Shortly thereafter, Mr Shaikh commenced using his whip and, thereafter, used it on eight occasions, without any respite, between the 200 and the 100 metres.
Mr Oatham said that the Stewards were alleging that Mr Shaikh had used his whip “in an excessive manner”. They were alleging that Mr Shaikh had exceeded the permissible number of strikes and, in addition, that he had breached the following provision of the guidelines:
Nothwithstanding the above it will also be deemed to be unacceptable where a rider uses the drawn whip:
(g) using the whip with the arm above shoulder height.
Mr Oatham said it was unacceptable for a rider to use the whip in that manner and it was a “terrible look for racing”. It was a very bad look for non-racing people to see the whip used in that manner. Mr Shaikh had not only failed the count but also his whip use was excessive “in its generality” in that he had used the whip above shoulder height, Mr Oatham said.
Mr Pitman, at this point in the hearing, asked leave of the Committee, on behalf of Mr Shaikh, to change the plea to one of admitting the breach. Leave was granted accordingly.
Mr Pitman said that he disputed the alleged count of eight – he believed that it was only seven. Mr Shaikh had been trying his best. It was a $25,000 race and it was a long straight. The use of the whip had been broken up but, Mr Pitman accepted, that Mr Shaikh had not given the required respite. It was a breach at the lower end of the scale, Mr Pitman submitted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Shaikh having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham informed the Committee that Mr Shaikh had been fined $300 and suspended for 1 day for a “high end” breach of the excessive use of the whip Rule at the meeting of Canterbury JC on 5 August last. On that occasion, he had struck the horse 18 times. This being a second breach in terms of the Penalty Guide, the starting point for penalty was a fine of $500, Mr Oatham said. He could not agree with Mr Pitman that the breach was toward the low end of the scale, he said. Whilst the number of strikes, eight, is not overly high, the manner in which Mr Shaikh had used his whip was not acceptable. The breach was above mid-range, he submitted.
Mr Oatham said that he accepted that Mr Shaikh had, clearly, made an effort, since his last breach of the Rule to address his whip use.
Mr Pitman said that Mr Shaikh is trying very hard to adapt to a style which is acceptable to Stewards.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine for a second breach of the Rule, which this was. That starting point applies to a mid-range breach of the Rule. In this case, Mr Shaikh exceeded the permissible number of strikes prior to the 100 metres – whether it was seven or eight, and that is disputed, is not material – because Mr Shaikh did exceed the permissible five. Because of the manner in which Mr Shaikh used his whip and, in particular, that he used it with the arm above shoulder height, the breach was, we agreed with Mr Oatham, above mid-range and, accordingly, an uplift which we fix at $100 to the starting point is called for.
The sole mitigating factor is Mr Shaikh’s admission of the breach (albeit belated). However, that factor is unexceptional and no discount is given for it.
penalty:
Mr Shaikh is fined the sum of $600.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J P Oatham, Chief Stipendiary Steward
JockeysandTrainer: P Shaikh, Licensed Apprentice Jockey (Class B)
Otherperson: M R Pitman, Licensed Trainer (Class A), J M McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a84a156d35c4adc741448b84a2f6301
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race_title: R4
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meetdate: 28/10/2017
meet_title: Canterbury Racing - 28 October 2017
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name: Canterbury Racing