Canterbury R 4 December 2020 – R 9 – Chair, Mr S Ching
ID: JCA14601
Code:
Thoroughbred
Meet Title:
Canterbury JC - 4 December 2020
Meet Chair:
SChing
Race Date:
2020/12/04
Race Number:
R9
Decision:
Mr Murray having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Murray is suspended from the conclusion of racing 4 December up to and including 23 December 2020.
Facts:
Following the running of Race 9, the Racecourse Hotel & Motor Lodge Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Jockey (Class A), Mr B Murray, alleging that, as the rider of TOP OF THE STRAIGHT in the race, he struck his mount excessively prior to the 100m.
Mr Murray was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed. He also confirmed that he understood the rule he was being charged with.
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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Murray riding TOP OF THE STRAIGHT, positioned widest on the track and in contention as the field entered the final straight. He said that Mr Murray drew the whip and used it on 12 occasions prior to the 100m. Mr Davidson stated that the strikes were not consecutive, but that TOP OF THE STRAIGHT had got up to secure 2nd placing by a narrow margin, a nose.
Mr Murray did not dispute the number of strikes contended by Mr Davidson and said the horse was laid back and needed to be woken up with the whip to get the best performance out of the gelding.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Murray’s record showed four previous breaches of this rule being firstly on 21 March 2020 where he received a $450 fine for 8 strikes in a Group 3 race at Riccarton. He stated that Mr Murray’s second, third and fourth offences were on 11 July 2020 at Riccarton where he received a $400 fine for 9 strikes, a 6 National Day suspension for 11 strikes, and a 7 National Day suspension for 9 strikes. Mr Davidson stated that the JCA Penalty Guide provides a starting point of a 6-day suspension for 3rd and consequential breaches of this rule. Mr Davidson stated that aggravating factors to consider were Mr Murray’s record, the number of strikes and the fact that his horse got up to secure 2nd placing by a narrow margin.
Mr Murray asked that a combined fine and suspension be considered as penalty. Deferment was not discussed as there were no relevant meetings in the next 7 days that Mr Murray may have been riding at.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 National Day suspension, mitigation inclusive, for third and consequential breaches of this rule. Mr Murray's request for a combined fine and suspension penalty was denied as there were no extenuating circumstances for the Committee to consider any deviation from a suspension only penalty. An aggravating factor was that this was Mr Murray's fifth offence since March this year. His record, we considered, was poor, at best. Another aggravating factor was the number of strikes being 12, well over twice the limit allowable under the guidelines. A further aggravating factor was the fact that Mr Murray got up to finish in 2nd placing by a narrow margin, a nose. These aggravating factors, it was determined, warranted a combined substantive uplift in penalty which we set at 4 days.
This Committee therefore determined that a 10 National day suspension was an appropriate penalty in this case.
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: 98b5cff142f5440742b539a75f30f264
informantnumber: A12849
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/12/2020
hearing_title: Canterbury R 4 December 2020 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Racecourse Hotel & Motor Lodge Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Jockey (Class A), Mr B Murray, alleging that, as the rider of TOP OF THE STRAIGHT in the race, he struck his mount excessively prior to the 100m.
Mr Murray was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed. He also confirmed that he understood the rule he was being charged with.
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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Murray riding TOP OF THE STRAIGHT, positioned widest on the track and in contention as the field entered the final straight. He said that Mr Murray drew the whip and used it on 12 occasions prior to the 100m. Mr Davidson stated that the strikes were not consecutive, but that TOP OF THE STRAIGHT had got up to secure 2nd placing by a narrow margin, a nose.
Mr Murray did not dispute the number of strikes contended by Mr Davidson and said the horse was laid back and needed to be woken up with the whip to get the best performance out of the gelding.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Murray having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Murray’s record showed four previous breaches of this rule being firstly on 21 March 2020 where he received a $450 fine for 8 strikes in a Group 3 race at Riccarton. He stated that Mr Murray’s second, third and fourth offences were on 11 July 2020 at Riccarton where he received a $400 fine for 9 strikes, a 6 National Day suspension for 11 strikes, and a 7 National Day suspension for 9 strikes. Mr Davidson stated that the JCA Penalty Guide provides a starting point of a 6-day suspension for 3rd and consequential breaches of this rule. Mr Davidson stated that aggravating factors to consider were Mr Murray’s record, the number of strikes and the fact that his horse got up to secure 2nd placing by a narrow margin.
Mr Murray asked that a combined fine and suspension be considered as penalty. Deferment was not discussed as there were no relevant meetings in the next 7 days that Mr Murray may have been riding at.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 National Day suspension, mitigation inclusive, for third and consequential breaches of this rule. Mr Murray's request for a combined fine and suspension penalty was denied as there were no extenuating circumstances for the Committee to consider any deviation from a suspension only penalty. An aggravating factor was that this was Mr Murray's fifth offence since March this year. His record, we considered, was poor, at best. Another aggravating factor was the number of strikes being 12, well over twice the limit allowable under the guidelines. A further aggravating factor was the fact that Mr Murray got up to finish in 2nd placing by a narrow margin, a nose. These aggravating factors, it was determined, warranted a combined substantive uplift in penalty which we set at 4 days.
This Committee therefore determined that a 10 National day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Murray is suspended from the conclusion of racing 4 December up to and including 23 December 2020.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: B Murray-Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 854b2f724f03ef7d99314b6d4817b6ec
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: 6125890d379b77bf10d80ae2f1c04631
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2020
meet_title: Canterbury JC - 4 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Canterbury JC