Archive Decision

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Wellington RC 27 May 2017 – R 8 – Chair Mrs N Moffatt

ID: JCA14821

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms H Andrew - Licensed Apprentice Rider

Other Person:
Mr R Hannam - Licensed Rider assisting Ms Andrew

Information Number:
A8764

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 27 May 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2017/05/27

Race Number:
R8

Decision:

As Ms Andrew admitted the breach the charge was found to be proved.

Penalty:

Accordingly we fined Ms Andrew the sum of $300.

Facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that the apprentice jockey H Andrew used her whip excessively prior to the 200m without the necessary respite.

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: (ii) ... excessive."

Ms Andrew acknowledged she understood the rule and confirmed her admission of the breach. In the absence of her employer, Mr K Gray, Mr Hannam was present to assist Ms Andrew.

Mr Balcombe played the video of the race from the top of the straight calculating that Ms Andrew hit her mount a total of 11 times but only put the whip away for 2-3 strides on each occasion. The committee sought clarification as to the exact position in the race from where the counting began because there was some confusion amongst the stewards about where this should be. We also requested the rear view film be played. It was eventually ascertained that Ms Andrew hit her mount approximately 5 times, 5 times, 3 times and 4 times with only 3 strides respite between each “set”.

Ms Andrew said she was not exactly sure how the guidelines were applied and sought clarification from the Stewards.

Submissions for Penalty:

Mr Goodwin said this was Ms Andrew’s first breach of the whip rule and he said the breach sat at the low end of the scale.

Mr Hannam, speaking on behalf of Ms Andrew, told the committee that Ms Andrew had been riding for 18 months and this was her first breach of the whip rule. He asked that this be taken into account.

Reasons for Penalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point for a first breach of Rule 638(3)(b)(ii) is a $500 fine.

A rider is permitted to use the whip six times and then must give six strides respite. Ms Andrew’s whip use was not at the high end of the scale. The manner in which she used the whip showed that the strikes were not forceful and she erred only in not allowing the six strides respite. We find the breach to be in the low range. We have also given credit for Ms Andrew’s unblemished record under this rule over 18 months of riding.

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: 7fa1e394b5be26c73584657ff03c6c20


informantnumber: A8764


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/05/2017


hearing_title: Wellington RC 27 May 2017 - R 8 - Chair Mrs N Moffatt


charge:


facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that the apprentice jockey H Andrew used her whip excessively prior to the 200m without the necessary respite.

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: (ii) ... excessive."

Ms Andrew acknowledged she understood the rule and confirmed her admission of the breach. In the absence of her employer, Mr K Gray, Mr Hannam was present to assist Ms Andrew.

Mr Balcombe played the video of the race from the top of the straight calculating that Ms Andrew hit her mount a total of 11 times but only put the whip away for 2-3 strides on each occasion. The committee sought clarification as to the exact position in the race from where the counting began because there was some confusion amongst the stewards about where this should be. We also requested the rear view film be played. It was eventually ascertained that Ms Andrew hit her mount approximately 5 times, 5 times, 3 times and 4 times with only 3 strides respite between each “set”.

Ms Andrew said she was not exactly sure how the guidelines were applied and sought clarification from the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Andrew admitted the breach the charge was found to be proved.

sumissionsforpenalty:

Mr Goodwin said this was Ms Andrew’s first breach of the whip rule and he said the breach sat at the low end of the scale.

Mr Hannam, speaking on behalf of Ms Andrew, told the committee that Ms Andrew had been riding for 18 months and this was her first breach of the whip rule. He asked that this be taken into account.


reasonsforpenalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point for a first breach of Rule 638(3)(b)(ii) is a $500 fine.

A rider is permitted to use the whip six times and then must give six strides respite. Ms Andrew’s whip use was not at the high end of the scale. The manner in which she used the whip showed that the strikes were not forceful and she erred only in not allowing the six strides respite. We find the breach to be in the low range. We have also given credit for Ms Andrew’s unblemished record under this rule over 18 months of riding.


penalty:

Accordingly we fined Ms Andrew the sum of $300.

hearing_type: Hearing


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


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms H Andrew - Licensed Apprentice Rider


Otherperson: Mr R Hannam - Licensed Rider assisting Ms Andrew


PersonPresent:


Respondent:


StipendSteward:


raceid: 3cbd0f4bf90ac760da0fb15d7b30c38c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: 5f9330df85a741b21c3d4ac00ed3ce01


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2017


meet_title: Wellington RC - 27 May 2017


meet_expappcomment:


meet_km:


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tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Wellington RC