Archive Decision

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Waipa RC 8 November 2017 – R 7 – Chair, Mr A Dooley

ID: JCA15108

Applicant:
Mr B Jones -Stipendiary Steward

Respondent(s):
Mrs L Satherley - Licensed Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A7330

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 8 November 2017

Meet Chair:
ADooley

Race Date:
2017/11/08

Race Number:
R7

Decision:

As Mrs Satherley admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mrs Satherley was fined $500.

In conclusion the Committee advised Mrs Satherley that a 3rd breach of this Rule would result in a suspension and the reset period for her record is 12 months.

Facts:

Following the running of race 7, Cal Isuzu1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mrs Satherley used the whip excessively prior to the 100 metres on her mount SPRING SHOW.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of 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.

Mr Oatham demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 8 times prior to the 100 metres. He said the strikes were not continuous and there was a break of 4 strides. He added that the strikes were reasonably forceful.

Mrs Satherley accepted that she struck her mount 8 times prior to the 100 metres but said she was unlucky because she paused for 4 strides and not for the minimum 5 strides.

Submissions for Penalty:

Mr Jones said that Mrs Satherley breached this Rule on 30 August 2017 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and the Stewards had no reason for the Committee to deviate from that sum.

Mrs Satherley submitted that a $500 fine was high for a rider like her.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.

The mitigating factors were Mr Satherley’s admission of the breach and the number of strikes (8) was in the low range.

The Committee referred to the JCA listing of penalties which showed that since the introduction of the new Whip Guidelines all riders incurring a 2nd breach had a minimum $500 fine imposed.

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: 69c24263df88c59b6ebd63db36be0db4


informantnumber: A7330


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/11/2017


hearing_title: Waipa RC 8 November 2017 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Cal Isuzu1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mrs Satherley used the whip excessively prior to the 100 metres on her mount SPRING SHOW.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of 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.

Mr Oatham demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 8 times prior to the 100 metres. He said the strikes were not continuous and there was a break of 4 strides. He added that the strikes were reasonably forceful.

Mrs Satherley accepted that she struck her mount 8 times prior to the 100 metres but said she was unlucky because she paused for 4 strides and not for the minimum 5 strides.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Satherley admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones said that Mrs Satherley breached this Rule on 30 August 2017 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and the Stewards had no reason for the Committee to deviate from that sum.

Mrs Satherley submitted that a $500 fine was high for a rider like her.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.

The mitigating factors were Mr Satherley’s admission of the breach and the number of strikes (8) was in the low range.

The Committee referred to the JCA listing of penalties which showed that since the introduction of the new Whip Guidelines all riders incurring a 2nd breach had a minimum $500 fine imposed.


penalty:

Accordingly, Mrs Satherley was fined $500.

In conclusion the Committee advised Mrs Satherley that a 3rd breach of this Rule would result in a suspension and the reset period for her record is 12 months.


hearing_type: Hearing


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


Informant: Mr B Jones -Stipendiary Steward


JockeysandTrainer: Mrs L Satherley - Licensed Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a7c350d9064692ac26a7a25c90574d2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meetid: cc76fe90ada198c2e781390a82020b43


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meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2017


meet_title: Waipa RC - 8 November 2017


meet_expappcomment:


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tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Waipa RC