Archive Decision

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R Te Aroha 20 April 2018 – R 6 – Chair, Mr G Jones

ID: JCA14781

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr J Nason – Class B rider of SWITCH PITCHER

Other Person:
Mr M Williamson - Senior Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor assisiting Mr Nason

Information Number:
A7343

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 20 April 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/04/20

Race Number:
R6

Decision:

As Mr Nason admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Nason was fined $300.

Facts:

Following the running of race 6, the Marlene Goodfellow Memorial 1200, an Information was filed pursuant to Rule 638 3)(b)(ii) alleging Class B rider, Mr J Nason used his whip excessively prior to the 100 metres when riding SWITCH PITCH.

Mr Nason acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Nason 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.

Using available video footage, Mr Williamson demonstrated the breach and showed that Mr Nason struck his mount, SWITCH PITCHER 9 times from the straight entrance until the 150 metre mark. He said the strikes were outside the guidelines because they were without the required respite. He added the breach was low range.

Mr Nason advised the Committee that this was his first breach of the whip Rule in the last 12 months and in the future he will being trying his level best to ensure compliance with the Rule.

Mr Harris told the committee that Mr Nason is generally a “neat and tidy rider” but he needs to take care in the future to curb his exaggerated whip action.

Submissions for Penalty:

Mr Jones said that Mr Nason has a clear record under this Rule and described the breach itself as being at the low end, albeit outside the guidelines.

Mr Nason reiterated that this was his first breach and asked the Committee to treat him with leniency.

Reasons for Penalty:

In determination of penalty the Committee considered all the evidence and submissions presented. The video evidence was compelling.

We assessed Mr Nason’s admission and good record as neutral factors. There are no exceptional mitigating or aggravating factors and on that basis there are no reasons for the Committee to deviate from the JCA guideline recommended starting point of a $300 fine for a 1st breach of this 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: 7b989a17430bb8dcfe8f76a910be8c33


informantnumber: A7343


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/04/2018


hearing_title: R Te Aroha 20 April 2018 - R 6 – Chair, Mr G Jones


charge:


facts:

Following the running of race 6, the Marlene Goodfellow Memorial 1200, an Information was filed pursuant to Rule 638 3)(b)(ii) alleging Class B rider, Mr J Nason used his whip excessively prior to the 100 metres when riding SWITCH PITCH.

Mr Nason acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Nason 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.

Using available video footage, Mr Williamson demonstrated the breach and showed that Mr Nason struck his mount, SWITCH PITCHER 9 times from the straight entrance until the 150 metre mark. He said the strikes were outside the guidelines because they were without the required respite. He added the breach was low range.

Mr Nason advised the Committee that this was his first breach of the whip Rule in the last 12 months and in the future he will being trying his level best to ensure compliance with the Rule.

Mr Harris told the committee that Mr Nason is generally a “neat and tidy rider” but he needs to take care in the future to curb his exaggerated whip action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Nason admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones said that Mr Nason has a clear record under this Rule and described the breach itself as being at the low end, albeit outside the guidelines.

Mr Nason reiterated that this was his first breach and asked the Committee to treat him with leniency.


reasonsforpenalty:

In determination of penalty the Committee considered all the evidence and submissions presented. The video evidence was compelling.

We assessed Mr Nason’s admission and good record as neutral factors. There are no exceptional mitigating or aggravating factors and on that basis there are no reasons for the Committee to deviate from the JCA guideline recommended starting point of a $300 fine for a 1st breach of this Rule.


penalty:

Accordingly, Mr Nason was fined $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr J Nason – Class B rider of SWITCH PITCHER


Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor assisiting Mr Nason


PersonPresent:


Respondent:


StipendSteward:


raceid: c2a9ae56245fe7c0e31f95befd8f962e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


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race_pm1:


race_pm2:


meetid: a7e9a4abb932ad494b3a4e88a15a7a50


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/04/2018


meet_title: Racing Te Aroha - 20 April 2018


meet_expappcomment:


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tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Racing Te Aroha