Canterbury R 13 April 2019 – R 3 – Chair, Mr S Ching
ID: JCA14971
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 13 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/04/13
Race Number:
R3
Decision:
Mr Mudhoo having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Mudhoo is fined the sum of $300.
Facts:
Following the running of Race 3, the NZB South Island Sale 29 April Rating 72, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Apprentice Jockey (Class B), Mr R Mudhoo, alleging that, as the rider of TAXIHOME in the race, “used his whip excessively on a runner out of contention.”
Mr Mudhoo was present at the hearing of the information and confirmed to the Committee that the breach was admitted. He also confirmed that he understood the rule he was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.
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 NZTR Guidelines with respect to acceptable use of the whip includes the following;
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, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Mudhoo riding TAXIHOME, who he said, had sat in a 3-wide position throughout the race, and was under pressure rounding the home turn. Mr Oatham showed Mr Mudhoo using the whip, approaching the 400m, with no response from the horse. He said that TAXIHOME was in last position, and clearly out of contention, when at the 350m Mr Mudhoo used the whip on 4 occasions, followed by 4 strikes near the 200m, followed by 3 strikes approaching the 50m. Mr Oatham said that the Stewards had no concern with the strikes rounding the home bend but all the strikes inside the 400m were not required on runner out of contention.
Mr Mudhoo elected to make no comment on the incident. Mr Walsh stated that the breach was clear cut. He said that Mr Mudhoo had erred earlier in the race when he should have rolled forward and sat outside the leader. He added that Mr Mudhoo was then left in an awkward position with a slow pace and when the pace increased, was left flat footed, unable to keep pace over the concluding stages.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Mudhoo’s record was clear under this rule. He said the JCA Penalty Guide provides a $300 fine for a first offence in a 12-month period. Mr Oatham stated that there were no aggravating factors to consider and submitted that a fine of no less than $300 be considered as penalty.
Mr Mudhoo elected to make no submissions in regard to penalty. Mr Walsh stated that Mr Oatham’s submissions were fair and reasonable. He added that Mr Mudhoo’s career rides totalled 211 to date which was a creditable record.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine for an initial breach of this Rule within a 12-month period. This Committee agreed with Mr Oatham, that there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking all factors into consideration we determined that a fine of $300 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: 93e75b97681963e56c10176366574539
informantnumber: A5446
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/04/2019
hearing_title: Canterbury R 13 April 2019 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the NZB South Island Sale 29 April Rating 72, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Apprentice Jockey (Class B), Mr R Mudhoo, alleging that, as the rider of TAXIHOME in the race, “used his whip excessively on a runner out of contention.”
Mr Mudhoo was present at the hearing of the information and confirmed to the Committee that the breach was admitted. He also confirmed that he understood the rule he was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.
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 NZTR Guidelines with respect to acceptable use of the whip includes the following;
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, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Mudhoo riding TAXIHOME, who he said, had sat in a 3-wide position throughout the race, and was under pressure rounding the home turn. Mr Oatham showed Mr Mudhoo using the whip, approaching the 400m, with no response from the horse. He said that TAXIHOME was in last position, and clearly out of contention, when at the 350m Mr Mudhoo used the whip on 4 occasions, followed by 4 strikes near the 200m, followed by 3 strikes approaching the 50m. Mr Oatham said that the Stewards had no concern with the strikes rounding the home bend but all the strikes inside the 400m were not required on runner out of contention.
Mr Mudhoo elected to make no comment on the incident. Mr Walsh stated that the breach was clear cut. He said that Mr Mudhoo had erred earlier in the race when he should have rolled forward and sat outside the leader. He added that Mr Mudhoo was then left in an awkward position with a slow pace and when the pace increased, was left flat footed, unable to keep pace over the concluding stages.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mudhoo having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Mudhoo’s record was clear under this rule. He said the JCA Penalty Guide provides a $300 fine for a first offence in a 12-month period. Mr Oatham stated that there were no aggravating factors to consider and submitted that a fine of no less than $300 be considered as penalty.
Mr Mudhoo elected to make no submissions in regard to penalty. Mr Walsh stated that Mr Oatham’s submissions were fair and reasonable. He added that Mr Mudhoo’s career rides totalled 211 to date which was a creditable record.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine for an initial breach of this Rule within a 12-month period. This Committee agreed with Mr Oatham, that there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking all factors into consideration we determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Mudhoo is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham-Chief Stipendiary Steward
JockeysandTrainer: R Mudhoo-Licensed Apprentice Jockey (Class B)
Otherperson: D Walsh NZTR Apprentice Jockey Mentor, Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: faf5c98cb0d443803b50479a1167275d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89301965bf41413c1fea36c23f828d5d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/04/2019
meet_title: Canterbury Racing - 13 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing