Waikato RC 17 May 2014 – R 2
ID: JCA15190
Code:
Thoroughbred
Meet Title:
Waikato RC - 17 May 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/05/17
Race Number:
R2
Decision:
As Mr Cafferty admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Cafferty is fined the sum of $250.
Facts:
Following the running of race 2, Porritt Sand Waikato Hurdle, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr Cafferty used the whip excessively on his mount AROSE.
Mr Caffferty asked for the relevant Rule to be read to him after which he acknowledged that he understood the nature of the Rule. Mr Cafferty admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Robinson demonstrated on the video films that Mr Cafferty used his whip between 10 and 11 times in a row from the 800 metres to the straight entrance. He said at the time AROSE was making no impression and giving ground. Mr Robinson also highlighted Mr Cafferty’s whip action which he described as extravagant.
Mr Cafferty told the Committee that in his view he struck AROSE 9 times but he did accept that it was excessive and he said “a little bit aggressive”. He also added “the horse wasn’t trying hard”.
Mr Oatham said the Stewards were happy to agree on 9 strikes but the thrust of the charge is the whip was drawn prior to the 800 metres on a horse under pressure and giving ground. He said therefore this is an animal welfare issue.
Submissions for Penalty:
Mr Oatham told the Committee that this is an unusual breach of the Rule due to the manner in which the whip was used and the vigour commenced at the 800 metres.
Mr Oatham produced Mr Cafferty's record which showed no previous breach under this Rule. Mr Oatham told the Committee this is Mr Cafferty second season riding in New Zealand - ex Ireland. He said Mr Cafferty should be given credit for his admission of the breach. He said the breach could be dealt with by way of a fine at the lower end, but the animal welfare aspects need to be taken into account.
Mr Oatham told the Committee that Stewards had advised Mr Cafferty that he needed to review the manner in which he used his whip.
Mr Cafferty submitted that he stopped using his whip once the field had run past AROSE. He said the penalty imposed should be at the lower end.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cafferty's admission of the breach and his clear record under this Rule. However, the significant aggravating factors are Mr Cafferty commenced to use his whip at the 800 metres and struck his mount 9 times when it was clearly evident AROSE was a beaten runner and not responding to Mr Cafferty’s urgings. The Committee is concerned that the manner and use of the whip was unnecessary given the circumstances and we concur with the Stewards' view that this is an animal welfare issue.
The Committee took into account the JCA Penalty Guidelines and reviewed recent penalties imposed for breaches of the whip Rule. We also had regard for Mr Cafferty's status as a jumps rider.
After taking into account all the above factors the Committee considers a fine of $250 is appropriate.
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: 73ae4bd24f4a7330a0bdd7f01d3b55bf
informantnumber: A6571
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 16/05/2014
hearing_title: Waikato RC 17 May 2014 - R 2
charge:
facts:
Following the running of race 2, Porritt Sand Waikato Hurdle, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr Cafferty used the whip excessively on his mount AROSE.
Mr Caffferty asked for the relevant Rule to be read to him after which he acknowledged that he understood the nature of the Rule. Mr Cafferty admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Robinson demonstrated on the video films that Mr Cafferty used his whip between 10 and 11 times in a row from the 800 metres to the straight entrance. He said at the time AROSE was making no impression and giving ground. Mr Robinson also highlighted Mr Cafferty’s whip action which he described as extravagant.
Mr Cafferty told the Committee that in his view he struck AROSE 9 times but he did accept that it was excessive and he said “a little bit aggressive”. He also added “the horse wasn’t trying hard”.
Mr Oatham said the Stewards were happy to agree on 9 strikes but the thrust of the charge is the whip was drawn prior to the 800 metres on a horse under pressure and giving ground. He said therefore this is an animal welfare issue.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cafferty admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Oatham told the Committee that this is an unusual breach of the Rule due to the manner in which the whip was used and the vigour commenced at the 800 metres.
Mr Oatham produced Mr Cafferty's record which showed no previous breach under this Rule. Mr Oatham told the Committee this is Mr Cafferty second season riding in New Zealand - ex Ireland. He said Mr Cafferty should be given credit for his admission of the breach. He said the breach could be dealt with by way of a fine at the lower end, but the animal welfare aspects need to be taken into account.
Mr Oatham told the Committee that Stewards had advised Mr Cafferty that he needed to review the manner in which he used his whip.
Mr Cafferty submitted that he stopped using his whip once the field had run past AROSE. He said the penalty imposed should be at the lower end.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cafferty's admission of the breach and his clear record under this Rule. However, the significant aggravating factors are Mr Cafferty commenced to use his whip at the 800 metres and struck his mount 9 times when it was clearly evident AROSE was a beaten runner and not responding to Mr Cafferty’s urgings. The Committee is concerned that the manner and use of the whip was unnecessary given the circumstances and we concur with the Stewards' view that this is an animal welfare issue.
The Committee took into account the JCA Penalty Guidelines and reviewed recent penalties imposed for breaches of the whip Rule. We also had regard for Mr Cafferty's status as a jumps rider.
After taking into account all the above factors the Committee considers a fine of $250 is appropriate.
penalty:
Accordingly, Mr Cafferty is fined the sum of $250.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr W Cafferty - Class D Rider
Otherperson: Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0fe31b07601bb446ce9fc55d3cf76988
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8c8136345b21fd0e9442a42b9bf63fd4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2014
meet_title: Waikato RC - 17 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC