Archive Decision

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Matamata RC 5 July 2017 – R 2 – Chair, Mr A Dooley

ID: JCA15351

Applicant:
Mr B Jones -Stipendiary Steward

Respondent(s):
Mr T Harris - Licensed Jockey

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A7315

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
636(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Matamata RC - 5 July 2017

Meet Chair:
ADooley

Race Date:
2017/07/05

Race Number:
R2

Decision:

As Mr Harris admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Harris was fined $300.

In conclusion, the Committee advised Mr Harris with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

Facts:

Following the running of race 2, Duncan and Ebbett 1200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Mr Harris used the whip in an excessive manner when riding SOCIALLY EXCITED.

Mr Harris acknowledged that he understood the Rule and confirmed his 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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the 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.

Mr Williamson demonstrated the incident using the available video footage. He identified Mr Harris and showed that he used his whip 10 times in succession prior to the 200 metres. He said the strikes were back handers and without any great force.

Mr Harris acknowledged that he struck his mount 10 times prior to the 200 metres. He said the strikes were not hard but recognised that they were outside the guidelines.

Submissions for Penalty:

Mr Jones produced Mr Harris’ record which showed no previous breach under this Rule in the last 12 months. He said Mr Harris should be given credit for his admission of the breach and advised that similar breaches had incurred a fine in the vicinity of $300.

Mr Harris said that historically he had an excellent record under this Rule and he accepted that a fine would be an appropriate penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee informed Mr Harris that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

There were no aggravating factors.

There were several mitigating factors in this case which included Mr Harris’s admission of the breach and his clear record under this Rule. The Committee assess the number of strikes and the severity of strikes were in the low range.

After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.

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: 87f409d1c3b75379055ae6426e01faeb


informantnumber: A7315


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/07/2017


hearing_title: Matamata RC 5 July 2017 - R 2 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 2, Duncan and Ebbett 1200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Mr Harris used the whip in an excessive manner when riding SOCIALLY EXCITED.

Mr Harris acknowledged that he understood the Rule and confirmed his 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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the 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.

Mr Williamson demonstrated the incident using the available video footage. He identified Mr Harris and showed that he used his whip 10 times in succession prior to the 200 metres. He said the strikes were back handers and without any great force.

Mr Harris acknowledged that he struck his mount 10 times prior to the 200 metres. He said the strikes were not hard but recognised that they were outside the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Harris admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr Harris’ record which showed no previous breach under this Rule in the last 12 months. He said Mr Harris should be given credit for his admission of the breach and advised that similar breaches had incurred a fine in the vicinity of $300.

Mr Harris said that historically he had an excellent record under this Rule and he accepted that a fine would be an appropriate penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee informed Mr Harris that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

There were no aggravating factors.

There were several mitigating factors in this case which included Mr Harris’s admission of the breach and his clear record under this Rule. The Committee assess the number of strikes and the severity of strikes were in the low range.

After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.


penalty:

Accordingly, Mr Harris was fined $300.

In conclusion, the Committee advised Mr Harris with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.


hearing_type: Hearing


Rules: 636(3)(b)(ii)


Informant: Mr B Jones -Stipendiary Steward


JockeysandTrainer: Mr T Harris - Licensed Jockey


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d9457f90988e0c67aed7b4d47ef30450


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: 9f90ff26eaf340ff3d5211ba1d6c79ff


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/07/2017


meet_title: Matamata RC - 5 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: matamata-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Matamata RC