Non Raceday Inquiry 3 November 2013 at Banks Peninsula – Decision dated 8 November 2013

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hearing_title: Non Raceday Inquiry 3 November 2013 at Banks Peninsula - Decision dated 8 November 2013

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Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION
Informant: M Zarb – Stipendiary Steward
Defendant: JC Bates – Licensed Jockey
Information No: A6203
Meeting: Ashburton Racing Club (Inc)
Date: 19th October 2013 (heard at Motukarara on 3 November 2013)
Venue: Ashburton Raceway
Race: 9
Rule No: 638(3)(b)
Judicial Committee: KG Hales, Chairman – SC Ching, Committee Member
Plea: Admitted

CHARGE: Improper Use of the whip.

It was alleged that Mr JC Bates as the rider of “Choice Snitzel” whilst trying to load “Choice Snitzel” into the barriers that he used his whip in improper manner by:

(1) After dismounting, when on the ground he struck “Choice Snitzel” in the vicinity of the barrell/flank area;

(2) After re-mounting he struck “Choice Snitzel” with his whip, forward of the shoulder, in the vicinity of the upper neck/head area.

Rule 638(3)(b) reads:

“A Rider shall not:
(b) Strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”

FACTS:

Mr Bates was engaged to ride “Choice Snitzel” in the Ray Coupland Stakes (Listed) at the Ashburton Racing Club’s meeting on 19th October 2013.

After arriving at the barriers, prior to the start, “Choice Snitzel” proved difficult to load. Mr Bates tried coaxing “Choice Snitzel” into the barriers with his whip and with assistance from the barrier attendants and the starter. Mr Bates dismounted and when on the ground struck the horse in the barrel /flank area. “Choice Snitzel” continued to prove difficult to load whilst riderless and after a short period, Mr Bates remounted and continued to coax the horse into the barriers, with assistance of the Clerk of the Course. In the process, he struck “Choice Snitzel in the upper neck/head area. Several more unsuccessful attempts were made, before the horse was withdrawn from the race, by the starter.

The incidents were not observed by Stipendiary Stewards on the day, and neither were they reported to the Stipendiary Stewards by the barrier staff.

However, as a result of the incidents being observed on “Trackside”, concern was expressed to the Stipendiary Stewards about Mr Bates actions.

“Trackside” film of the incidents was viewed by Co-Chief Stipendiary Steward Nigel McIntyre, and Mr Zarb and as a consequence Mr Bates was interviewed on Saturday 26th October 2013 at the Canterbury Jockey Club’s meeting.

After viewing the “Trackside” film, Mr Bates admitted the breach of the rules. A report on the incidents was also received from the Starter, Ms S Clark.

As Mr Bates admitted the charge it was thereby deemed to be proved.

SUBMISSIONS ON PENALTY:

Mr Zarb told the hearing that there was little in the way of precedent for improper use of the whip in a situation such as this. He said that Jockey “d P” had been fined $500 in August 2013 for kicking a horse. The charge in that that case was that of misconduct. Jockey “L” was fined $300 in April 2005, for improper use of the whip, for striking his horse with the butt end of his whip when it was proving difficult at the barrier. In February 2004, Jockey “W” was fined $300 for striking his horse in an improper manner, but the decision does not disclose the manner in which Jockey “W” struck his horse. Mr Zarb said that Mr Bates actions were unnecessary and presented a bad public image. He submitted that a fine between $500 and $1,000 should be imposed.

In response, Mr Bates said that he meant no malice towards the horse and that he was not trying to hurt it. He said that he struck the horse only twice and asked us to consider his actions as being at the lower end of the scale. He asked that he be fined and not suspended.

REASONS:

The Judicial Control Authority’s Penalty Guide provides as a starting point for penalty, a fine of $500 or a suspension of 2 riding days. Against that we take into account, aggravating and mitigating factors.

The aggravating factors are that the incident was observed by members of the racing public on “Trackside”, and the charge is in relation to an animal welfare issue. Such actions can tarnish the image of racing. Thus we apply an uplift of $100 to the starting point, making our starting point $600.

The mitigating features are Mr Bates obvious remorse for his actions, his early admission of the breach, and his co-operation with the Stipendiary Stewards. We also accept that not a lot of force was used and the whip strokes were only two, and not delivered with malice. Mr Bates acknowledged that he should have left matters to the barrier staff. These mitigating factors permit a discount of $200 on our starting point. Even though this was a Listed Stakes race, we do not think it relevant to take into account the status of the race in determining penalty.

PENALTY:

Mr Bates is fined $400

KG Hales – Chairman      SC Ching – Committee Member

8 November 2013
 

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