Wairio JC 13 May 2018 – R 6 – Chair, Mr P Knowles
ID: JCA14742
Code:
Thoroughbred
Meet Title:
Wairio JC - 13 May 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2018/05/13
Race Number:
R 6
Decision:
Mr Skerrett has admitted the charge and it is found proved.
Penalty:
Mr Skerrett is fined $500.
Facts:
Following the running of race 6 the Majestic Horse Float & Northern Southland Bloodstock 2110 stewards charged Mr D Skerrett (Wentworth) with a breach of excessive use of the whip in that he “…used his whip excessively when riding Wentworth prior to the 100m.”
Rule 638 (3) (b) (ii) reads: A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(i) unnecessary (ii) or excessive (iii) or improper
The guidelines read: 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 a 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.
Mr Skerrett admitted the breach and appeared at the hearing.
Mr Quirk, with the aid of the videos, stated that in the home straight Mr Skerrett used his whip nine times without any respite prior to the final 100 metres. Mr McLaughlin stated the Guidelines were clear that a whip can be used only five times, before a break of five strides. Mr Skerrett had not done this.
Mr Skerrett agreed with the Stewards' evidence. He stated he had simply miscalculated the number of strikes with the whip.
Submissions for Penalty:
Mr McLaughlin said this was Mr Skerrett’s second breach of the rule. His previous breach was at Riverton on the 2nd April where he received a $300 fine for a first offence. He said the JCA Guidelines for a second breach was a fine of $500.
Mr Skerrett submitted he had rides at both Riverton and Wingatui. However, he preferred a suspension of his licence as opposed to a fine as any fine would severely impact on him and his family.
Reasons for Penalty:
Mr Skerrett admitted a breach of excessive use of the whip, his second breach of the rule in a short period. Stewards submitted a fine of $500 for a second offence while Mr Skerrett preferred a suspension, due to the financial impact on him and his family.
The JCA Penalty Guidelines on r 368 (3) (b) (ii) are a guide only, but the committee has a discretion if it chooses to use it if there are exceptional circumstances. While we are aware of Mr Skerrett’s financial situation we don’t find any exceptional circumstances that warrant a departure from the guideline for a second offence breach of the rule.
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: 765b7c54199454397ce4359e205c652c
informantnumber: A8166
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/05/2018
hearing_title: Wairio JC 13 May 2018 - R 6 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 6 the Majestic Horse Float & Northern Southland Bloodstock 2110 stewards charged Mr D Skerrett (Wentworth) with a breach of excessive use of the whip in that he “…used his whip excessively when riding Wentworth prior to the 100m.”
Rule 638 (3) (b) (ii) reads: A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(i) unnecessary (ii) or excessive (iii) or improper
The guidelines read: 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 a 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.
Mr Skerrett admitted the breach and appeared at the hearing.
Mr Quirk, with the aid of the videos, stated that in the home straight Mr Skerrett used his whip nine times without any respite prior to the final 100 metres. Mr McLaughlin stated the Guidelines were clear that a whip can be used only five times, before a break of five strides. Mr Skerrett had not done this.
Mr Skerrett agreed with the Stewards' evidence. He stated he had simply miscalculated the number of strikes with the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Skerrett has admitted the charge and it is found proved.
sumissionsforpenalty:
Mr McLaughlin said this was Mr Skerrett’s second breach of the rule. His previous breach was at Riverton on the 2nd April where he received a $300 fine for a first offence. He said the JCA Guidelines for a second breach was a fine of $500.
Mr Skerrett submitted he had rides at both Riverton and Wingatui. However, he preferred a suspension of his licence as opposed to a fine as any fine would severely impact on him and his family.
reasonsforpenalty:
Mr Skerrett admitted a breach of excessive use of the whip, his second breach of the rule in a short period. Stewards submitted a fine of $500 for a second offence while Mr Skerrett preferred a suspension, due to the financial impact on him and his family.
The JCA Penalty Guidelines on r 368 (3) (b) (ii) are a guide only, but the committee has a discretion if it chooses to use it if there are exceptional circumstances. While we are aware of Mr Skerrett’s financial situation we don’t find any exceptional circumstances that warrant a departure from the guideline for a second offence breach of the rule.
penalty:
Mr Skerrett is fined $500.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: Mr J McLaughlin - Stipendiary Steward, Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr D Skerrett - Class A Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c7e550061562e2659e04294515b7aa90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: abe35a116402a3c96c3d3dcbca0f6388
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/05/2018
meet_title: Wairio JC - 13 May 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-jc
meet_racingtype: thoroughbred-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Wairio JC