Canterbury R 12 August 2017 – R 10 – Chair, Mr R McKenzie
ID: JCA15611
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 12 August 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/08/12
Race Number:
R10
Decision:
Mr Bishop having admitted the breach, the charge was found proved.
Penalty:
Mr Bishop is fined the sum of $250.
Facts:
Following the running of Race 10, TWS Group Premier, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr R J Bishop, alleging that Mr Bishop, as the rider of SHAKTI in the race, “used his whip excessively prior to the 100 metres”.
Mr Bishop was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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.
Mr J M McLaughlin, Stipendiary Steward, showed a video replay of the final 300-400 metres of the race. He pointed out SHAKTI, ridden by Mr Bishop, in contention as the field approached the 200 metres. Mr Bishop then drew his whip and struck his mount twice before returning his hand to the whip rein. He then used it ten times without, at any stage, putting his hand back on the rein and pushing for the required five strides.
Mr Bishop declined the opportunity to comment on the video replay but he accepted that he had used his whip, without any break, on ten occasions.
Submissions for Penalty:
Mr Oatham informed the Committee that Mr Bishop had a clear record under the Rule in the last 12 months. The number of strikes was less than the number in the two cases earlier heard by the Committee arising out of the same race. However, Mr Bishop’s whip use was quite “forceful” but the breach was no worse than mid-range, he submitted.
Mr Oatham referred to the Penalty Guide starting point of a $300 fine for a first breach and submitted that a fine “in that vicinity” would be appropriate.
Mr Bishop said that he had just returned to New Zealand three weeks ago after spending six months riding on the Gold Coast in Australia. His financial position was not strong, he said.
The possibility of a suspension rather than a fine was discussed, with Mr Bishop expressing a preference for a fine.
Reasons for Penalty:
In determining penalty, the Committee had regard to the new Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors, the Committee viewing the breach as being in the low-to-mid range.
Mitigating factors are Mr Bishop’s previous good record and his frank admission of the breach. We also took into account Mr Bishop’s financial position. We believe that a discount of $50 is appropriate for a combination of those factors.
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: bb4c01263613b2fd469a0bf7cf316a7e
informantnumber: A09508
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/08/2017
hearing_title: Canterbury R 12 August 2017 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, TWS Group Premier, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr R J Bishop, alleging that Mr Bishop, as the rider of SHAKTI in the race, “used his whip excessively prior to the 100 metres”.
Mr Bishop was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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.
Mr J M McLaughlin, Stipendiary Steward, showed a video replay of the final 300-400 metres of the race. He pointed out SHAKTI, ridden by Mr Bishop, in contention as the field approached the 200 metres. Mr Bishop then drew his whip and struck his mount twice before returning his hand to the whip rein. He then used it ten times without, at any stage, putting his hand back on the rein and pushing for the required five strides.
Mr Bishop declined the opportunity to comment on the video replay but he accepted that he had used his whip, without any break, on ten occasions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Bishop having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham informed the Committee that Mr Bishop had a clear record under the Rule in the last 12 months. The number of strikes was less than the number in the two cases earlier heard by the Committee arising out of the same race. However, Mr Bishop’s whip use was quite “forceful” but the breach was no worse than mid-range, he submitted.
Mr Oatham referred to the Penalty Guide starting point of a $300 fine for a first breach and submitted that a fine “in that vicinity” would be appropriate.
Mr Bishop said that he had just returned to New Zealand three weeks ago after spending six months riding on the Gold Coast in Australia. His financial position was not strong, he said.
The possibility of a suspension rather than a fine was discussed, with Mr Bishop expressing a preference for a fine.
reasonsforpenalty:
In determining penalty, the Committee had regard to the new Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors, the Committee viewing the breach as being in the low-to-mid range.
Mitigating factors are Mr Bishop’s previous good record and his frank admission of the breach. We also took into account Mr Bishop’s financial position. We believe that a discount of $50 is appropriate for a combination of those factors.
penalty:
Mr Bishop is fined the sum of $250.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J P Oatham, Chief Stipendiary Steward
JockeysandTrainer: R J Bishop, Licensed Jockey (Class A)
Otherperson: Mr J M McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2f35bf9795e7642b729cdfd26ba0d674
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7cf87b9edf6d7ea56ec09b262c0308f7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/08/2017
meet_title: Canterbury Racing - 12 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing