Waikato RC 9 February 2019 – R 9 – Chair, Mr A Dooley
ID: JCA14450
Code:
Thoroughbred
Meet Title:
Waikato RC - 9 February 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/02/09
Race Number:
R9
Decision:
As Ms Newman admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Newman was fined $350.
In conclusion the Committee advised Ms Newman the starting points for any further breach of this Rule in the next 12 months.
Facts:
Following the running of race 9, The Breeze 99.4 FM Premier, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Newman used her whip excessively prior to the 100 metres when riding MARRISA.
Ms Newman said that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Newman at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Jones demonstrated the incident using the available video footage. He identified Ms Newman and showed that she struck her mount on 15 occasions prior to the 100 metres. He said that Ms Newman shifted in sharply near the 300 metres and she stopped using her whip. However, he said Ms Newman failed to give her mount the required respite.
Ms Newman accepted Mr Jones’ interpretation of the incident and had nothing further to add.
Submissions for Penalty:
Mr Oatham said that Ms Newman had a clear record in the last 12 months He said the JCA recommended starting point was a $300 fine. He noted while the number of strikes were quite high the level of force was minimal.
Ms Newman submitted that she had a clear record.
Mr Harris submitted that the force of strikes was low range.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which includes mitigating factors.
Aggravating factor was the number of strikes (15) which required a modest uplift for an Apprentice rider.
Mitigating factors were Ms Newman’s admission of the breach, her clear record and there was minimal force applied.
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: 852538271c3b33e35899dc7a8455548d
informantnumber: A12137
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2019
hearing_title: Waikato RC 9 February 2019 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 9, The Breeze 99.4 FM Premier, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Newman used her whip excessively prior to the 100 metres when riding MARRISA.
Ms Newman said that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Newman at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Jones demonstrated the incident using the available video footage. He identified Ms Newman and showed that she struck her mount on 15 occasions prior to the 100 metres. He said that Ms Newman shifted in sharply near the 300 metres and she stopped using her whip. However, he said Ms Newman failed to give her mount the required respite.
Ms Newman accepted Mr Jones’ interpretation of the incident and had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Newman admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Ms Newman had a clear record in the last 12 months He said the JCA recommended starting point was a $300 fine. He noted while the number of strikes were quite high the level of force was minimal.
Ms Newman submitted that she had a clear record.
Mr Harris submitted that the force of strikes was low range.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which includes mitigating factors.
Aggravating factor was the number of strikes (15) which required a modest uplift for an Apprentice rider.
Mitigating factors were Ms Newman’s admission of the breach, her clear record and there was minimal force applied.
penalty:
Accordingly, Ms Newman was fined $350.
In conclusion the Committee advised Ms Newman the starting points for any further breach of this Rule in the next 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms T Newman - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bd39971020bf8d9fc3b881f85cbe66b5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6033d86c12008c8eff94114ef12c1e15
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/02/2019
meet_title: Waikato RC - 9 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC