Waikato RC 27 February 2013 – R 6
ID: JCA15333
Code:
Thoroughbred
Meet Title:
Waikato RC - 27 February 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/02/27
Race Number:
R6
Decision:
As Mr Walker admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $275.
Charge:
Following race 6, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Oatham alleged that Mr M Walker used his whip excessively on his mount SACRED KNIGHT.
Mr Walker acknowledged that he understood the rule.
Facts:
Mr Oatham demonstrated on the video films Mr Walker used his whip constantly from the 400 metres to the 200 metres. He said Mr Walker struck his mount 20 times which was well outside the guidelines and noted SACRED KNIGHT won the race.
Mr Walker told the Committee that he “got done” on Monday at Avondale and he was adapting to the NZ rules regarding whip use after spending the last 3 years in Australia. He admitted to the Committee he struck his mount 22 times prior to the 200 metres. He advised us the connections had instructed him to ride his mount with vigour because it was a lazy.
In response to a question from the Committee, Mr Walker confirmed he was aware of the 6 strides respite prior to the 200 metres.
Submissions for Penalty:
Mr Oatham produced Mr Walker's record which showed he was fined $150 under this rule on Monday this week. He said previously Mr Walker had ridden in Australia with no whip breaches. He said this breach was clearly well over the guidelines and Mr Walker needed to rectify his excess use of the whip. He said he had some sympathy with Mr Walker returning to NZ and getting used to the whip rule which is different to Australia. He submitted a penalty higher than the $150 fine on Monday would be appropriate.
Mr Walker submitted he was concentrating on getting fit and ensuring his hip was right. He acknowledged this was his 2nd breach in 3 days and submitted a fair penalty would be a $200 fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Walker's admission of the breach, his honesty and straight forward manner in which he gave evidence. However, the aggravating factors are this is his second breach under this rule in the last 3 days. We assess the number of strikes (22) to be at the high end in comparison to other breaches in the last 12 months. The severity was assessed at mid range.
The Committee did inform Mr Walker that the JCA penalty guide recommended a starting point for a 2nd breach at a $500 fine or 2 days suspension. We referred to the JCA listing of penalties for similar breaches under this rule before determining penalty and presented examples to Mr Walker. After taking into account all the above factors we assess an appropriate penalty is a $275 fine.
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: 85fece2a1fd8855c359c23cd0c344a3f
informantnumber: A4257
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2013
hearing_title: Waikato RC 27 February 2013 - R 6
charge:
Following race 6, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Oatham alleged that Mr M Walker used his whip excessively on his mount SACRED KNIGHT.
Mr Walker acknowledged that he understood the rule.
facts:
Mr Oatham demonstrated on the video films Mr Walker used his whip constantly from the 400 metres to the 200 metres. He said Mr Walker struck his mount 20 times which was well outside the guidelines and noted SACRED KNIGHT won the race.
Mr Walker told the Committee that he “got done” on Monday at Avondale and he was adapting to the NZ rules regarding whip use after spending the last 3 years in Australia. He admitted to the Committee he struck his mount 22 times prior to the 200 metres. He advised us the connections had instructed him to ride his mount with vigour because it was a lazy.
In response to a question from the Committee, Mr Walker confirmed he was aware of the 6 strides respite prior to the 200 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Walker admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Walker's record which showed he was fined $150 under this rule on Monday this week. He said previously Mr Walker had ridden in Australia with no whip breaches. He said this breach was clearly well over the guidelines and Mr Walker needed to rectify his excess use of the whip. He said he had some sympathy with Mr Walker returning to NZ and getting used to the whip rule which is different to Australia. He submitted a penalty higher than the $150 fine on Monday would be appropriate.
Mr Walker submitted he was concentrating on getting fit and ensuring his hip was right. He acknowledged this was his 2nd breach in 3 days and submitted a fair penalty would be a $200 fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Walker's admission of the breach, his honesty and straight forward manner in which he gave evidence. However, the aggravating factors are this is his second breach under this rule in the last 3 days. We assess the number of strikes (22) to be at the high end in comparison to other breaches in the last 12 months. The severity was assessed at mid range.
The Committee did inform Mr Walker that the JCA penalty guide recommended a starting point for a 2nd breach at a $500 fine or 2 days suspension. We referred to the JCA listing of penalties for similar breaches under this rule before determining penalty and presented examples to Mr Walker. After taking into account all the above factors we assess an appropriate penalty is a $275 fine.
penalty:
Accordingly, we impose a fine of $275.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr M Walker - Rider of SACRED KNIGHT
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a849b2cda4465cfeda5f8a0fd538b829
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d384898a027edd387e99af30da4c47a9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/02/2013
meet_title: Waikato RC - 27 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Waikato RC