Waipa RC 8 October 2017 – R 7 – Chair, Mr A Dooley
ID: JCA15654
Code:
Thoroughbred
Meet Title:
Waipa RC - 8 October 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/10/08
Race Number:
R7
Decision:
As Mr Hain admitted the breach the Committee found the charge proved.
Penalty:
Mr Hain was fined $300.
Facts:
Following the running of race 7, Cal Isuzu Te Awamutu Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Hain used his whip excessively prior to the 100 metres when riding JAYLA MONET.
Mr Hain 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 With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Hain and showed that he struck his mount 11 times prior to the 100m. He said that he stopped using his whip for 4 strides, but not for the required 5 strides.
When invited by the Committee to comment on the incident Mr Hain had nothing to say.
Submissions for Penalty:
Mr Coles said that Mr Hain should be given credit for his admission of the breach and the incident was at the low end. He said that he would leave the monetary penalty up to the Committee.
Mr Hain made no submissions on penalty.
The Committee advised Mr Hain the JCA Penalty Guide starting points for excessive use of the whip.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 11 strikes were not forceful. It was also evident that the strikes were not continuous.
The mitigating factors were Mr Hain’s clear record under this Rule and his admission of the breach.
JAYLA MONET finished in 1st place.
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: c02daf0184e0fb1b3d5cc4b31b508495
informantnumber: A8884
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/10/2017
hearing_title: Waipa RC 8 October 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Cal Isuzu Te Awamutu Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Hain used his whip excessively prior to the 100 metres when riding JAYLA MONET.
Mr Hain 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 With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Hain and showed that he struck his mount 11 times prior to the 100m. He said that he stopped using his whip for 4 strides, but not for the required 5 strides.
When invited by the Committee to comment on the incident Mr Hain had nothing to say.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hain admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles said that Mr Hain should be given credit for his admission of the breach and the incident was at the low end. He said that he would leave the monetary penalty up to the Committee.
Mr Hain made no submissions on penalty.
The Committee advised Mr Hain the JCA Penalty Guide starting points for excessive use of the whip.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 11 strikes were not forceful. It was also evident that the strikes were not continuous.
The mitigating factors were Mr Hain’s clear record under this Rule and his admission of the breach.
JAYLA MONET finished in 1st place.
penalty:
Mr Hain was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr D Hain - Licensed Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 18ecf4ee63d84ee142fd2d53da35a45c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c023d83fcedb6e23cedec6d5498550a8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/10/2017
meet_title: Waipa RC - 8 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Waipa RC