Taranaki RC 11 May 2019 – R 7- Chair, Mrs N Moffatt
ID: JCA15564
Code:
Thoroughbred
Meet Title:
Taranaki RC - 11 May 2019
Meet Chair:
NMoffatt
Meet Committee Member 1:
TBird
Race Date:
2019/05/11
Race Number:
R1
Decision:
As Ms Moki admitted the breach the charge was found to be proved.
Penalty:
Accordingly, Ms Moki is fined the sum of $300.
Facts:
Following Race 7 (Energy City Ford Open 1800) Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that Z Moki used her whip excessively prior to the 100m.
Rule 638(3) (b) provides
A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
At the outset of the hearing, Ms Moki (assisted by Mr N Harris) confirmed she understood the charge and that she admitted the breach.
Mr Goodwin played the videos several times from the home turn to past the 100m mark counting Ms Moki’s number of whip strikes. She was racing midfield and upon rounding the bend for home hit her horse 6 times then paused for five strides. This was only one strike over the guidelines. Ms Moki then continued to use her whip for 7-8 strides. Mr Goodwin explained that each one of these incidents, in isolation, might well have resulted in a warning only, however Ms Moki had been reminded earlier in the day about her whip use and also at a recent race meeting.
Mr Goodwin said for these reasons a decision was made to charge Ms Moki.
Mr Harris and Ms Moki agreed with the number of strikes as outlined by the Stewards.
Submissions for Penalty:
Mr Goodwin said Ms Moki has a clear record under the whip rule and, as explained earlier, this was a low level breach. His submission was for a monetary penalty in line with the Penalty Guidelines. When asked if she wished to make any submissions on penalty Ms Moki said she agreed with Mr Goodwin in that her offending was low level, but she needed to work on riding within the guidelines.
Reasons for Penalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
In determining penalty, the Committee adopted a starting point of $300.
Ms Moki won the race but did so by a decent margin therefore we did not consider this to be an aggravating factor. Ms Moki completes her apprenticeship in August so is an experienced apprentice rider. A clear record under the whip rules is commendable.
The number of strikes over the guidelines was low.
Taking into account all these factors we could see no reason to increase the monetary penalty above that of the starting point.
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: b4694de2df010fb9ac2cd0486f66e38a
informantnumber: A12281
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2019
hearing_title: Taranaki RC 11 May 2019 – R 7- Chair, Mrs N Moffatt
charge:
facts:
Following Race 7 (Energy City Ford Open 1800) Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that Z Moki used her whip excessively prior to the 100m.
Rule 638(3) (b) provides
A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
At the outset of the hearing, Ms Moki (assisted by Mr N Harris) confirmed she understood the charge and that she admitted the breach.
Mr Goodwin played the videos several times from the home turn to past the 100m mark counting Ms Moki’s number of whip strikes. She was racing midfield and upon rounding the bend for home hit her horse 6 times then paused for five strides. This was only one strike over the guidelines. Ms Moki then continued to use her whip for 7-8 strides. Mr Goodwin explained that each one of these incidents, in isolation, might well have resulted in a warning only, however Ms Moki had been reminded earlier in the day about her whip use and also at a recent race meeting.
Mr Goodwin said for these reasons a decision was made to charge Ms Moki.
Mr Harris and Ms Moki agreed with the number of strikes as outlined by the Stewards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Moki admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin said Ms Moki has a clear record under the whip rule and, as explained earlier, this was a low level breach. His submission was for a monetary penalty in line with the Penalty Guidelines. When asked if she wished to make any submissions on penalty Ms Moki said she agreed with Mr Goodwin in that her offending was low level, but she needed to work on riding within the guidelines.
reasonsforpenalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
In determining penalty, the Committee adopted a starting point of $300.
Ms Moki won the race but did so by a decent margin therefore we did not consider this to be an aggravating factor. Ms Moki completes her apprenticeship in August so is an experienced apprentice rider. A clear record under the whip rules is commendable.
The number of strikes over the guidelines was low.
Taking into account all these factors we could see no reason to increase the monetary penalty above that of the starting point.
penalty:
Accordingly, Ms Moki is fined the sum of $300.
hearing_type: Hearing
Rules: Rule 638(3) (b) (ii)
Informant: Mr N Goodwin - Senior Stipendiary Steward
JockeysandTrainer: Ms Z Moki - Apprentice Jockey, Mr N Harris - Apprentice Rider Mentor
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2e9d249b56a5a898c0edcf0e2c705b8c
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: df7e7ab503f988fe8f46257e130d70d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2019
meet_title: Taranaki RC - 11 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TBird
meet_pm2: none
name: Taranaki RC