Canterbury R 21 June 2014 – R 3
ID: JCA15146
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 21 June 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/06/21
Race Number:
R3
Decision:
Miss Morgan having admitted the breach, the charge was found proved.
Penalty:
Miss Morgan was fined the sum of $150.
Facts:
Following the running of Race 3, North Canterbury Veterinary Clinics Rating 75, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A M Morgan, alleging that Miss Morgan, as the rider of BARBERRY ROZE in the race, “used her whip excessively prior to the 200 metres”.
Miss Morgan was present at the hearing of the information and she indicated that she did not admit the breach. She was assisted at the hearing by Licensed Trainer, Mr M R Pitman.
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 unnecessary, excessive or improper.
The Guidelines with respect to acceptable use of the whip issued by New Zealand Thoroughbred Racing provide as follows:
The guidelines are that once a horse enters the final straight it can be hit with the drawn whip up to six times and then a rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any stage of a race the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually.
Any rider who uses the whip outside these guidelines could be charged with excessive use of the whip pursuant to [Rule 638 (3) (b)].
Miss Morgan initially indicated that she denied the charge and the hearing proceeded on that basis.
Mr McLaughlin had Mr Zarb, Stipendiary Steward, show a video replay of the final 600 metres of the race. He pointed out Miss Morgan, riding BARBERRY ROZE, racing towards the rear of the field near the rail. Mr Zarb alleged that, from about the 500 metres, Miss Morgan had struck the horse 13 times with the whip prior to the 200 metres.
Mr Pitman disputed the number of times the whip was used – he said he counted 12 which, he submitted, was not excessive. He also disputed where the 200 metres point was in the home straight.
Mr McLaughlin agreed that this was not the “worst case” but was well outside the guidelines in that Miss Morgan had started using her whip before the home straight. She did not hit the horse every stride, he said, but has failed to go back to the whip rein and push her mount.
Mr Pitman submitted that her use of the whip was not excessive. She had only hit the horse twice on every occasion before stopping and pushing. He pointed out the heavy track conditions. She had only hit the horse 12-13 times in 300 metres, which was not excessive, he submitted.
At this point, the hearing was adjourned as the next race was about to start. Upon resumption of the hearing, Miss Morgan told the Committee that she wished to change her plea and admit the charge.
Submissions for Penalty:
Mr McLaughlin informed the Committee that Miss Morgan has a clear record under the Rule. Stewards were seeking a “minimal fine”. It was a low-end breach but Miss Morgan was outside the guidelines. Miss Morgan should have gone back to the whip rein and pushed for more occasions than she had, Mr McLaughlin said.
Mr Pitman submitted that Miss Morgan has never previously been charged under the Rule. She has recently been charged on two occasions with failing to ride her mount out. The horse had not been “bashed”, he submitted.
Reasons for Penalty:
The Committee noted that the starting point for penalty for a first breach of the Rule, as provided in the Penalty Guide, is a fine of $300. The Committee found there to be three mitigating factors in this case – firstly, Miss Morgan’s admission of the breach, secondly, her previous good record and, thirdly, the low-end nature of the breach. We were able to allow her a discount, from the starting point, of $50 for each of those factors, thereby arriving at a fine of $150.
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: 6fba0d2e16615404366ac0e98c610a23
informantnumber: A5716
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: Canterbury R 21 June 2014 - R 3
charge:
facts:
Following the running of Race 3, North Canterbury Veterinary Clinics Rating 75, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A M Morgan, alleging that Miss Morgan, as the rider of BARBERRY ROZE in the race, “used her whip excessively prior to the 200 metres”.
Miss Morgan was present at the hearing of the information and she indicated that she did not admit the breach. She was assisted at the hearing by Licensed Trainer, Mr M R Pitman.
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 unnecessary, excessive or improper.
The Guidelines with respect to acceptable use of the whip issued by New Zealand Thoroughbred Racing provide as follows:
The guidelines are that once a horse enters the final straight it can be hit with the drawn whip up to six times and then a rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any stage of a race the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually.
Any rider who uses the whip outside these guidelines could be charged with excessive use of the whip pursuant to [Rule 638 (3) (b)].
Miss Morgan initially indicated that she denied the charge and the hearing proceeded on that basis.
Mr McLaughlin had Mr Zarb, Stipendiary Steward, show a video replay of the final 600 metres of the race. He pointed out Miss Morgan, riding BARBERRY ROZE, racing towards the rear of the field near the rail. Mr Zarb alleged that, from about the 500 metres, Miss Morgan had struck the horse 13 times with the whip prior to the 200 metres.
Mr Pitman disputed the number of times the whip was used – he said he counted 12 which, he submitted, was not excessive. He also disputed where the 200 metres point was in the home straight.
Mr McLaughlin agreed that this was not the “worst case” but was well outside the guidelines in that Miss Morgan had started using her whip before the home straight. She did not hit the horse every stride, he said, but has failed to go back to the whip rein and push her mount.
Mr Pitman submitted that her use of the whip was not excessive. She had only hit the horse twice on every occasion before stopping and pushing. He pointed out the heavy track conditions. She had only hit the horse 12-13 times in 300 metres, which was not excessive, he submitted.
At this point, the hearing was adjourned as the next race was about to start. Upon resumption of the hearing, Miss Morgan told the Committee that she wished to change her plea and admit the charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Morgan having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin informed the Committee that Miss Morgan has a clear record under the Rule. Stewards were seeking a “minimal fine”. It was a low-end breach but Miss Morgan was outside the guidelines. Miss Morgan should have gone back to the whip rein and pushed for more occasions than she had, Mr McLaughlin said.
Mr Pitman submitted that Miss Morgan has never previously been charged under the Rule. She has recently been charged on two occasions with failing to ride her mount out. The horse had not been “bashed”, he submitted.
reasonsforpenalty:
The Committee noted that the starting point for penalty for a first breach of the Rule, as provided in the Penalty Guide, is a fine of $300. The Committee found there to be three mitigating factors in this case – firstly, Miss Morgan’s admission of the breach, secondly, her previous good record and, thirdly, the low-end nature of the breach. We were able to allow her a discount, from the starting point, of $50 for each of those factors, thereby arriving at a fine of $150.
penalty:
Miss Morgan was fined the sum of $150.
hearing_type: Hearing
Rules: 638 (3)(b)
Informant: J M McLaughlin-Stipendiary Steward
JockeysandTrainer: A M Morgan, Licensed Apprentice Jockey (Class B)
Otherperson: M R Pitman, Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: 8943cd266d85e7f3392b6f7585dd5199
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: ed3752947c229fda1981b9b459e08673
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2014
meet_title: Canterbury Racing - 21 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing