R Tauranga 15 April 2017 -R7- Chair Mr A Dooley
ID: JCA15598
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 15 April 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/04/15
Race Number:
R7
Decision:
As Mr Elliot admitted the breach the Committee find the charge proved.
Penalty:
This penalty is to commence after the completion of the suspension imposed from 3 today – Information number A8540.
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 5 May and conclude after racing on 24 May 2017 (9 days). That period of suspension encompasses meetings at
6 May – Hamilton
7 May – Wanganui
11 May – Hastings
12 May – Te Awamutu
13 May– Rotorua
17 May – Whangarei
18 May – Otaki
20 May – Hamilton
24 May - Pukekohe
Facts:
Following the running of race 7, Icon Security Tauranga 1600 ,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mr Elliot used the whip excessively on QUEEN EL JAY prior to the 200 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Elliot at the hearing.
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 Coles demonstrated the incident using the available video footage. He identified Mr Elliot and showed that once entering the final straight and up to the 200 metres Mr Elliot struck his mount 12 times. He said the strikes were not continuous but stated Mr Elliot did not stop using his whip for the required 6 strides.
Mr Elliot acknowledged that he struck his mount 12 times from the turn until the 200 metres and had nothing further to add.
Mr Harris made reference to Senior Rider Mrs Thornton and said that she regularly counted up the numbers of strides prior to striking her mount. Mr Harris added that he has been asking Mr Elliot “where is it going wrong” but he was not getting any response.
Submissions for Penalty:
Mr Williamson produced Mr Elliot’s record which now showed 6 previous breaches under this Rule in the last 12 months -
6/5/2016 = $300 fine
6/8/2016 = 2 day suspension
19/2/2017 = $300 fine
8/3/2017 = 3 day suspension
8/4/2017 = 5 day suspension
15/4/2017 = 7 day suspension
Mr Williamson said the force of the 12 strikes were a little bit harder than the charge in race 3 today. He said the breach was in the low to mid – range and noted the biggest gap without the use of the whip was for 3 or 4 strides. He submitted that a suspension should be imposed and would let the Committee determine an appropriate penalty.
Mr Harris said it was obvious that Mr Elliot had a lot on his plate which included a lot of travelling. He said he was disappointed that Mr Elliot continues to breach this Rule but stated that he will carry on coaching Mr Elliot through this process. Mr Harris recollected that he had a similar problem with Mr Magorrian who was able to turn around his appalling record under this Rule with some extra tutoring.
The Committee invited Mr Elliot to make submissions but he declined the offer. In response to a question from the Committee, Mr Elliot was unable to provide any reasons as to why his record has deteriorated.
Mr Jones, Stipendiary Steward, advised the Committee that Mr Elliot has only ridden in the South Island once in the last 3 months that being Saturday 4/2/2017. Mr Elliot acknowledged that was correct.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee had earlier in the day advised Mr Elliot that the JCA Penalty Guide effective 1 May 2015 states 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. This is adjusted based on the mitigating and aggravating factors.
The mitigating fact was Mr Elliot’s admission of the breach for which he was given credit.
After reviewing the films we observed the number of strikes to be 13 and the severity of those strikes exhibited in this race was greater than race 3. On that basis the Committee places this breach in the mid – range category. It was evident that the strikes behind the saddle in this race were with solid force and we note that QUEEN EL JAY finished in 3rd place.
When announcing penalty Mr Elliot did agree with the Committee’s observation that the strikes behind the saddle were with solid force.
The Committee acknowledge the frequency of strikes were not continuous and there were some pauses. However, Mr Elliot again remained outside the guidelines for use of the whip.
The significant aggravating fact was Mr Elliot’s record which in our opinion has now reached the appalling category and unquestionably is a major concern. This was his 2nd breach at today’s race meeting and his 5th breach in the last 2 months with no explicable answer as to why he has been riding in such a manner. It is important to note that Mr Elliot breached this Rule only 1 week ago at Wellington (10 strikes) and a 5 day suspension was imposed. We note on that occasion the Judicial Committee reminded Mr Elliot and Mr Barlow, Stable Foreman for Mr Rogerson, that regardless of Trainers’ instructions riders were nevertheless duty bound to ride within the Rules and Whip Guidelines.
The Committee is cognisant from earlier hearings that Mr Harris, Apprentice Jockey Mentor, has been trying to help Mr Elliot improve his whip action and he has been using the mechanical horse at Apprentice school for educational purposes. We also note in the written decision from 8/4/2017 that Kane Smith has also been trying to help Mr Elliot with his use of the whip. It was therefore extremely disappointing that, despite receiving guidance from experienced members of the industry, Mr Elliot continues to breach this Rule. We deem this to be a further aggravating fact.
It was clear to this Committee that previous penalties imposed on Mr Elliot for breaches of this Rule appear to have had no impact on the manner in which he uses the whip. The Committee believes the penalty given for this latest charge must reflect the seriousness of this breach and be of sufficient amount to deter Mr Elliot from using his whip in such an excessive manner in the future. It was quite clear that unless Mr Elliot immediately recognises that his use of the whip prior to the 200 metres was outside the Guidelines he may continue to be charged with breaches of this Rule.
The penalty needs to send a clear message to Mr Elliot and all other jockeys that an appalling record for use of the whip will result in a substantial penalty.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on an Industry day.
The Committee had respect for the fact that Mr Elliot is a busy and young Apprentice rider.
The Committee had regard for the fact that animal welfare issues have become a significant issue for Racing and Industry participants need to remain sensitive to the public perceptions in this area.
The Committee had regard for the meetings included in Mr Elliot’s penalty.
The JCA listing of penalties shows that Mr Elliot currently has the worst record of any rider in the country under this Rule. The benchmark for this type of record was a fellow Apprentice rider Mr Magorrian in 2015 and this Committee was familiar with those written decisions. We note that Mr Magorrian’s record shows that on 2/5/2015 he incurred a 6 day suspension when he struck his mount 12 times and subsequent to that a further suspension was imposed on 25/7/2015 when he struck his mount 16 times in a Listed race. This resulted in a 3 week suspension (12 days) and a $1,000 fine.
No South Island dates were included in Mr Elliot’s penalty because it was accepted by all parties that he has no recent history of riding there.
After taking into account all the above factors it was clear to this Committee that given the additional aggravating factors an increase from the penalty imposed in race 3 was duly warranted.
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: b8fd9431bffdddde4991cdd3eac4fb59
informantnumber: A 8542
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2017
hearing_title: R Tauranga 15 April 2017 -R7- Chair Mr A Dooley
charge:
facts:
Following the running of race 7, Icon Security Tauranga 1600 ,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mr Elliot used the whip excessively on QUEEN EL JAY prior to the 200 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Elliot at the hearing.
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 Coles demonstrated the incident using the available video footage. He identified Mr Elliot and showed that once entering the final straight and up to the 200 metres Mr Elliot struck his mount 12 times. He said the strikes were not continuous but stated Mr Elliot did not stop using his whip for the required 6 strides.
Mr Elliot acknowledged that he struck his mount 12 times from the turn until the 200 metres and had nothing further to add.
Mr Harris made reference to Senior Rider Mrs Thornton and said that she regularly counted up the numbers of strides prior to striking her mount. Mr Harris added that he has been asking Mr Elliot “where is it going wrong” but he was not getting any response.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Elliot’s record which now showed 6 previous breaches under this Rule in the last 12 months -
6/5/2016 = $300 fine
6/8/2016 = 2 day suspension
19/2/2017 = $300 fine
8/3/2017 = 3 day suspension
8/4/2017 = 5 day suspension
15/4/2017 = 7 day suspension
Mr Williamson said the force of the 12 strikes were a little bit harder than the charge in race 3 today. He said the breach was in the low to mid – range and noted the biggest gap without the use of the whip was for 3 or 4 strides. He submitted that a suspension should be imposed and would let the Committee determine an appropriate penalty.
Mr Harris said it was obvious that Mr Elliot had a lot on his plate which included a lot of travelling. He said he was disappointed that Mr Elliot continues to breach this Rule but stated that he will carry on coaching Mr Elliot through this process. Mr Harris recollected that he had a similar problem with Mr Magorrian who was able to turn around his appalling record under this Rule with some extra tutoring.
The Committee invited Mr Elliot to make submissions but he declined the offer. In response to a question from the Committee, Mr Elliot was unable to provide any reasons as to why his record has deteriorated.
Mr Jones, Stipendiary Steward, advised the Committee that Mr Elliot has only ridden in the South Island once in the last 3 months that being Saturday 4/2/2017. Mr Elliot acknowledged that was correct.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee had earlier in the day advised Mr Elliot that the JCA Penalty Guide effective 1 May 2015 states 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. This is adjusted based on the mitigating and aggravating factors.
The mitigating fact was Mr Elliot’s admission of the breach for which he was given credit.
After reviewing the films we observed the number of strikes to be 13 and the severity of those strikes exhibited in this race was greater than race 3. On that basis the Committee places this breach in the mid – range category. It was evident that the strikes behind the saddle in this race were with solid force and we note that QUEEN EL JAY finished in 3rd place.
When announcing penalty Mr Elliot did agree with the Committee’s observation that the strikes behind the saddle were with solid force.
The Committee acknowledge the frequency of strikes were not continuous and there were some pauses. However, Mr Elliot again remained outside the guidelines for use of the whip.
The significant aggravating fact was Mr Elliot’s record which in our opinion has now reached the appalling category and unquestionably is a major concern. This was his 2nd breach at today’s race meeting and his 5th breach in the last 2 months with no explicable answer as to why he has been riding in such a manner. It is important to note that Mr Elliot breached this Rule only 1 week ago at Wellington (10 strikes) and a 5 day suspension was imposed. We note on that occasion the Judicial Committee reminded Mr Elliot and Mr Barlow, Stable Foreman for Mr Rogerson, that regardless of Trainers’ instructions riders were nevertheless duty bound to ride within the Rules and Whip Guidelines.
The Committee is cognisant from earlier hearings that Mr Harris, Apprentice Jockey Mentor, has been trying to help Mr Elliot improve his whip action and he has been using the mechanical horse at Apprentice school for educational purposes. We also note in the written decision from 8/4/2017 that Kane Smith has also been trying to help Mr Elliot with his use of the whip. It was therefore extremely disappointing that, despite receiving guidance from experienced members of the industry, Mr Elliot continues to breach this Rule. We deem this to be a further aggravating fact.
It was clear to this Committee that previous penalties imposed on Mr Elliot for breaches of this Rule appear to have had no impact on the manner in which he uses the whip. The Committee believes the penalty given for this latest charge must reflect the seriousness of this breach and be of sufficient amount to deter Mr Elliot from using his whip in such an excessive manner in the future. It was quite clear that unless Mr Elliot immediately recognises that his use of the whip prior to the 200 metres was outside the Guidelines he may continue to be charged with breaches of this Rule.
The penalty needs to send a clear message to Mr Elliot and all other jockeys that an appalling record for use of the whip will result in a substantial penalty.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on an Industry day.
The Committee had respect for the fact that Mr Elliot is a busy and young Apprentice rider.
The Committee had regard for the fact that animal welfare issues have become a significant issue for Racing and Industry participants need to remain sensitive to the public perceptions in this area.
The Committee had regard for the meetings included in Mr Elliot’s penalty.
The JCA listing of penalties shows that Mr Elliot currently has the worst record of any rider in the country under this Rule. The benchmark for this type of record was a fellow Apprentice rider Mr Magorrian in 2015 and this Committee was familiar with those written decisions. We note that Mr Magorrian’s record shows that on 2/5/2015 he incurred a 6 day suspension when he struck his mount 12 times and subsequent to that a further suspension was imposed on 25/7/2015 when he struck his mount 16 times in a Listed race. This resulted in a 3 week suspension (12 days) and a $1,000 fine.
No South Island dates were included in Mr Elliot’s penalty because it was accepted by all parties that he has no recent history of riding there.
After taking into account all the above factors it was clear to this Committee that given the additional aggravating factors an increase from the penalty imposed in race 3 was duly warranted.
penalty:
This penalty is to commence after the completion of the suspension imposed from 3 today – Information number A8540.
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 5 May and conclude after racing on 24 May 2017 (9 days). That period of suspension encompasses meetings at
6 May – Hamilton
7 May – Wanganui
11 May – Hastings
12 May – Te Awamutu
13 May– Rotorua
17 May – Whangarei
18 May – Otaki
20 May – Hamilton
24 May - Pukekohe
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Licensed Apprentice Jockey
Otherperson: Mr A Coles - Stipendiary Steward, Mr B Jones - Stipendiary Steward, Mr N Harris - Northern Jockey Mentor assisting Mr Elliot
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 15/04/2017
meet_title: Racing Tauranga - 15 April 2017
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