Waikato RC 25 November 2020 – R 1 – Chair, Mr G Jones
ID: JCA15142
Code:
Thoroughbred
Meet Title:
Waikato RC - 25 November 2020
Meet Chair:
GJones
Race Date:
2020/11/25
Race Number:
R1
Decision:
As Mr Weatherley admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Weatherley's deferment is granted and his licence is suspended from after racing on 2 December 2020 until after racing on 12 December 2020 (7 national days).
Facts:
This charge arises from the running of Race 1, the Beefeater Garden Bar 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Weatherley used his whip excessively when riding TRUTH BEKNOWN prior to the 100 metres.
Mr Weatherley said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(vii)-unnecessary, or
(viii)-excessive, or
(ix)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(vii)-The whip should not be used on more than 5 occasions.
(viii)-The whip should not be used in consecutive strides.
(ix)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified TRUTH BEKNOWN (S Weatherley) racing mid-field approaching the home turn. Using races films, he said that prior to straightening Mr Weatherley struck his mount 3 times leading into the straight and then struck his mount a further 5 times prior to the 100 metres – a total of 8 strikes.
In response Mr Weatherley said that he agreed with the Stewards' count in terms of the number of strikes.
Submissions for Penalty:
Mr Jones said that this is Mr Weatherley's fourth breach of the whip rule in the past 12 months, with the first breach having occurred on 4 January 2020 ($400 fine), the second 10 January 2020 (7 days and $1000) and the third on 11 July 2020 (5 days). Mr Jones said that TRUTH BEKNOWN won the race.
Mr Weatherley submitted that the breach was a genuine mistake on his part due to three of the strikes having occurred prior to the home straight. A deferment until after racing at Rotorua on 2 December 2020 was sought as he had riding commitments for his father at that meeting. He asked the Committee to also take into account the fact that there are group races pending in the near future.
Reasons for Penalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of admission of the breach. On that basis this was adopted as the starting point, but it was noted that this is Mr Weatherley's fourth breach of the whip rule.
In order to deviate from the 6-day starting point compelling mitigating circumstances would need to exist. In this case there are no such circumstances.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and that Committee noted that, for the most part, they were not forceful.
After taking all matters into account including that this is Mr Weatherley's fourth breach and his mount won the race, for these combined factors, a 1-day uplift was applied, and a 7 (national day) suspension 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: 6f30aaa76ca98e0d14b9ce7a0243b385
informantnumber: A14011
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2020
hearing_title: Waikato RC 25 November 2020 – R 1 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 1, the Beefeater Garden Bar 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Weatherley used his whip excessively when riding TRUTH BEKNOWN prior to the 100 metres.
Mr Weatherley said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(vii)-unnecessary, or
(viii)-excessive, or
(ix)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(vii)-The whip should not be used on more than 5 occasions.
(viii)-The whip should not be used in consecutive strides.
(ix)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified TRUTH BEKNOWN (S Weatherley) racing mid-field approaching the home turn. Using races films, he said that prior to straightening Mr Weatherley struck his mount 3 times leading into the straight and then struck his mount a further 5 times prior to the 100 metres – a total of 8 strikes.
In response Mr Weatherley said that he agreed with the Stewards' count in terms of the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Weatherley admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that this is Mr Weatherley's fourth breach of the whip rule in the past 12 months, with the first breach having occurred on 4 January 2020 ($400 fine), the second 10 January 2020 (7 days and $1000) and the third on 11 July 2020 (5 days). Mr Jones said that TRUTH BEKNOWN won the race.
Mr Weatherley submitted that the breach was a genuine mistake on his part due to three of the strikes having occurred prior to the home straight. A deferment until after racing at Rotorua on 2 December 2020 was sought as he had riding commitments for his father at that meeting. He asked the Committee to also take into account the fact that there are group races pending in the near future.
reasonsforpenalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of admission of the breach. On that basis this was adopted as the starting point, but it was noted that this is Mr Weatherley's fourth breach of the whip rule.
In order to deviate from the 6-day starting point compelling mitigating circumstances would need to exist. In this case there are no such circumstances.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and that Committee noted that, for the most part, they were not forceful.
After taking all matters into account including that this is Mr Weatherley's fourth breach and his mount won the race, for these combined factors, a 1-day uplift was applied, and a 7 (national day) suspension imposed.
penalty:
Accordingly, Mr Weatherley's deferment is granted and his licence is suspended from after racing on 2 December 2020 until after racing on 12 December 2020 (7 national days).
hearing_type: Hearing
Rules: Rule 638 (3)(b)(ii) and 802 1(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr S Weatherley - Rider of TRUTH BEKNOWN
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ed5efedde5afa418cf73b04f0bcbe581
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: 9da55e8b45cce2900511fefe62cef3a2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2020
meet_title: Waikato RC - 25 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Waikato RC