Archive Decision

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R Te Aroha 14 August 2019 – R 7 – Chair, Mr A Dooley

ID: JCA14935

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Ms J McIlroy - Class E Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A09687

Hearing Type:
Hearing

New Charge:
Excessive use of the whip on a horse out of contention

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 14 August 2019

Meet Chair:
ADooley

Race Date:
2019/08/14

Race Number:
Race 7

Decision:

As Ms McIlroy admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Ms McIlroy was fined $250.

Facts:

Following the running of race 7, Piako Mitsubishi Amateurs 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms McIlroy used the whip excessively on a horse out of contention when riding BARB DWYER.

Ms McIlroy said that she understood the Rule and confirmed she admitted the breach.

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.

Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip;

When a horse is out of contention
• When a horse is showing no response

Mr Oatham demonstrated the incident using the available video footage. He identified Ms McIlroy and showed that she used her whip on 15 occasions in the home straight. He said BARB DWYER was in last placing and it was not responding to the whip.

Ms McIlroy accepted that she used her whip on 15 occasions in the home straight when her mount was out of contention. She said BARB DWYER was a “bludger” and it was “sacked” after the race.

Submissions for Penalty:

Mr Jones said that Ms McIlroy had a clear record under this Rule in the last 12 months and she admitted the breach. He referred to the JCA Penalty Guide which provides a $300 starting point for a first breach of this Rule. He said there has been some discount applied in recent times for Amateur riders.

Ms McIlroy asked for a suspension instead of a fine because Amateur riders do not get paid. 

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.

The JCA database showed that Mr Isdale, Mr Myers and Mr Frye all incurred a $250 fine for similar breaches after Committees took into account their Amateur rider status.

The Committee told Ms McIlroy that the manner in which she used the whip was unnecessary and unacceptable. It was evident that her mount was well out of contention and it was not responding to the whip in the final straight.

The Committee considered that it would be inappropriate to impose a suspension because of the limited riding opportunities available to Ms McIlroy.

After taking into account all the above factors and in the interest of consistency a $250 fine was deemed to be an appropriate penalty.

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: 8dd3ec1bbb5ca5d5fff1cef9cbab0085


informantnumber: A09687


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip on a horse out of contention


plea: admitted


penaltyrequired: 1


decisiondate: 14/08/2019


hearing_title: R Te Aroha 14 August 2019 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Piako Mitsubishi Amateurs 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms McIlroy used the whip excessively on a horse out of contention when riding BARB DWYER.

Ms McIlroy said that she understood the Rule and confirmed she admitted the breach.

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.

Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip;

When a horse is out of contention
• When a horse is showing no response

Mr Oatham demonstrated the incident using the available video footage. He identified Ms McIlroy and showed that she used her whip on 15 occasions in the home straight. He said BARB DWYER was in last placing and it was not responding to the whip.

Ms McIlroy accepted that she used her whip on 15 occasions in the home straight when her mount was out of contention. She said BARB DWYER was a “bludger” and it was “sacked” after the race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms McIlroy admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones said that Ms McIlroy had a clear record under this Rule in the last 12 months and she admitted the breach. He referred to the JCA Penalty Guide which provides a $300 starting point for a first breach of this Rule. He said there has been some discount applied in recent times for Amateur riders.

Ms McIlroy asked for a suspension instead of a fine because Amateur riders do not get paid. 


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.

The JCA database showed that Mr Isdale, Mr Myers and Mr Frye all incurred a $250 fine for similar breaches after Committees took into account their Amateur rider status.

The Committee told Ms McIlroy that the manner in which she used the whip was unnecessary and unacceptable. It was evident that her mount was well out of contention and it was not responding to the whip in the final straight.

The Committee considered that it would be inappropriate to impose a suspension because of the limited riding opportunities available to Ms McIlroy.

After taking into account all the above factors and in the interest of consistency a $250 fine was deemed to be an appropriate penalty.


penalty:

Accordingly, Ms McIlroy was fined $250.


hearing_type: Hearing


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


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Ms J McIlroy - Class E Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3b5d7da4b35c237189e2fce5c46ac6ba


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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meetid: 293e329326354bd3713853cbf5849587


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/08/2019


meet_title: Racing Te Aroha - 14 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Racing Te Aroha