Waipa RC 29 April 2013 – R 1
ID: JCA14997
Code:
Thoroughbred
Meet Title:
Waipa RC - 29 April 2013
Meet Chair:
ADooley
Race Date:
2013/04/29
Race Number:
R1
Decision:
As Mr Forbes admitted the breach we find the charge proved.
Penalty:
I grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Forbes which will commence after racing on 1st May and conclude after racing on 7th May 2013 (4 days).
Charge:
Following race 1,Te Awamutu TAB on Cambridge Road 1580, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Coles alleged that Mr Forbes used the whip excessively prior to the 200 metres on his mount KING LARA.
Mr Forbes acknowledged that he understood the rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Facts:
Mr Robinson demonstrated on the video films Mr Forbes used his whip 15 times in succession prior to the 200 metres. He said Mr Forbes did not give his mount the required respite after 6 strides.
Mr Forbes informed the Chairman that his horse was one paced and he didn't realise how many times he hit his mount because he was not counting.
In response to a question from the Chairman, Mr Forbes acknowledged when viewing the video films he hit his mount 15 times without any respite.
Submissions for Penalty:
Mr Coles produced Mr Forbes' record which showed this was his 2nd breach in New Zealand in the last 12 months. However, Mr Coles then produced Mr Forbes' record when riding in Australia this year. This showed he had breached the whip rule on 2 occasions on the same race day in January, February and March. On all 6 breaches in Australia this year Mr Forbes received a monetary penalty.
He submitted the Stewards believe it was a record not to be proud of. He said Mr Forbes was one of the more experienced apprentice riders. He submitted the breach would normally attract a fine but with Mr Forbes' terrible record an appropriate penalty would be a 4 to 5 day suspension.
Mr Forbes when asked for his submissions on penalty said it took him a while to get used to the whip rule in Australia because it was different to New Zealand.
When asked by the Chairman, Mr Forbes confirmed his record in Australia.
Mr Sanders submitted Mr Forbes was still learning and had a bright future in front of him.
Mr Forbes after checking with his manager submitted he had firm commitments up to and including May 1 and requested his proposed suspension start after then.
In response to a question from the Chairman, Mr Forbes confirmed he was riding all over the North Island and was not intending to ride at Riverton or Dunedin this week.
Reasons for Penalty:
The Chairman carefully considered all the evidence and submissions presented. The mitigating factors are Mr Forbes' admission of the breach. The number of strikes (15) was assessed as low to mid range and the severity was assessed as mid range. The significant aggravating fact was that this was the 8th breach under the whip rule in the last 12 months combining New Zealand and Australia. This record can only be assessed as extremely poor even allowing for the fact Mr Forbes is an apprentice rider.
I informed Mr Forbes that the JCA penalty guide recommended a starting point for a second breach under this rule at a $500 fine or 2 days suspension. I referred to the JCA listing of penalties for similar breaches under this rule before determining a fair and consistent penalty. This showed an apprentice rider in December 2011 received a 3 day suspension for excessive use of the whip. In that particular case it was the apprentice rider's 8th breach over a 3 year period.
When assessing penalty I did verify Mr Forbes' Australian record and took into account the whip rule regulation does differ from New Zealand.
After taking into account all the above factors and placing emphasis on the prior case in 2011, I independently assess an appropriate penalty is a 4 day suspension.
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: 96cfc27ec38105f3d43c06575e7b8bdb
informantnumber: A2095
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2013
hearing_title: Waipa RC 29 April 2013 - R 1
charge:
Following race 1,Te Awamutu TAB on Cambridge Road 1580, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Coles alleged that Mr Forbes used the whip excessively prior to the 200 metres on his mount KING LARA.
Mr Forbes acknowledged that he understood the rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
facts:
Mr Robinson demonstrated on the video films Mr Forbes used his whip 15 times in succession prior to the 200 metres. He said Mr Forbes did not give his mount the required respite after 6 strides.
Mr Forbes informed the Chairman that his horse was one paced and he didn't realise how many times he hit his mount because he was not counting.
In response to a question from the Chairman, Mr Forbes acknowledged when viewing the video films he hit his mount 15 times without any respite.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Forbes' record which showed this was his 2nd breach in New Zealand in the last 12 months. However, Mr Coles then produced Mr Forbes' record when riding in Australia this year. This showed he had breached the whip rule on 2 occasions on the same race day in January, February and March. On all 6 breaches in Australia this year Mr Forbes received a monetary penalty.
He submitted the Stewards believe it was a record not to be proud of. He said Mr Forbes was one of the more experienced apprentice riders. He submitted the breach would normally attract a fine but with Mr Forbes' terrible record an appropriate penalty would be a 4 to 5 day suspension.
Mr Forbes when asked for his submissions on penalty said it took him a while to get used to the whip rule in Australia because it was different to New Zealand.
When asked by the Chairman, Mr Forbes confirmed his record in Australia.
Mr Sanders submitted Mr Forbes was still learning and had a bright future in front of him.
Mr Forbes after checking with his manager submitted he had firm commitments up to and including May 1 and requested his proposed suspension start after then.
In response to a question from the Chairman, Mr Forbes confirmed he was riding all over the North Island and was not intending to ride at Riverton or Dunedin this week.
reasonsforpenalty:
The Chairman carefully considered all the evidence and submissions presented. The mitigating factors are Mr Forbes' admission of the breach. The number of strikes (15) was assessed as low to mid range and the severity was assessed as mid range. The significant aggravating fact was that this was the 8th breach under the whip rule in the last 12 months combining New Zealand and Australia. This record can only be assessed as extremely poor even allowing for the fact Mr Forbes is an apprentice rider.
I informed Mr Forbes that the JCA penalty guide recommended a starting point for a second breach under this rule at a $500 fine or 2 days suspension. I referred to the JCA listing of penalties for similar breaches under this rule before determining a fair and consistent penalty. This showed an apprentice rider in December 2011 received a 3 day suspension for excessive use of the whip. In that particular case it was the apprentice rider's 8th breach over a 3 year period.
When assessing penalty I did verify Mr Forbes' Australian record and took into account the whip rule regulation does differ from New Zealand.
After taking into account all the above factors and placing emphasis on the prior case in 2011, I independently assess an appropriate penalty is a 4 day suspension.
penalty:
I grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Forbes which will commence after racing on 1st May and conclude after racing on 7th May 2013 (4 days).
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Licensed Apprentice Rider
Otherperson: Mr G Sanders - Trainer assisting Mr Forbes, Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 90328f1fa6f0e31187ae4967b8dc5040
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3e21ece4ba336b5092fe7420cc28cf6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2013
meet_title: Waipa RC - 29 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waipa RC