Archive Decision

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Waikato RC 29 September 2013 – R 4

ID: JCA15680

Applicant:
Mr A Coles (Stipendiary Steward)

Respondent(s):
Mr J McKay (Class E Rider)

Information Number:
A2781

Hearing Type:
Hearing

Rules:
638 (3) (b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 29 September 2013

Meet Chair:
GJones

Meet Committee Member 1:
GTankard

Race Date:
2013/09/29

Race Number:
R 4

Decision:

The breach is admitted and is therefore proved.

Penalty:

We impose a penalty of a $150 fine.

Charge:

Following the running of race 4, the Ivan, Leo and Roy Robinson Memorial 2100, an Information was filed against Amateur (Class E) rider, Mr J McKay.

The Information alleged that Mr McKay "Used the whip excessively on his mount Vitali".

Rule 638(3) (b) provides that: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper. 

Facts:

The Judicial Committee (the "Committee") was told that Mr McKay had left the racecourse before the Information could be served on him. As a result Mr McKay was contacted by Assistant Stipendiary Steward Mr B Jones who was able to establish that Mr McKay acknowledged the Information, he indicated that he wished to admit the breach and that it be dealt with by the Committee in his absence.

Mr Jones confirmed to the Committee that he had a Text message on his mobile phone from Mr McKay confirming his position on the matter. He further advised that Mr McKay did not wish to make any submissions as to penalty.

Mr Coles demonstrated the alleged breach using available video footage. He told the Committee that between the home straight entrance and the 200 metre mark Mr McKay used his whip 14 or 15 time on his mount VITALI. He said that the severity of the strikes were low to mid range but there was clearly no respite give by Mr McKay and the number of strikes were well outside acceptable guidelines. 

Submissions for Penalty:

Mr Coles submitted that Mr McKay has a good riding record and he ought to be given credit for admitting the breach. He advised the Committee that similar breaches by Amateur riders had resulted in a fine in the vicinity of $150.

Reasons for Penalty:

In assessing Penalty the Committee has taken into account Mr McKay’s Amateur status, his good riding record, admission of the breach and comparative penalties for similar recent breaches by Amateur riders. The Committee also assessed the breach at low to mid range in terms of severity.

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: c2c6ce86100acb765d5587ad5164fce3


informantnumber: A2781


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Waikato RC 29 September 2013 - R 4


charge:

Following the running of race 4, the Ivan, Leo and Roy Robinson Memorial 2100, an Information was filed against Amateur (Class E) rider, Mr J McKay.

The Information alleged that Mr McKay "Used the whip excessively on his mount Vitali".

Rule 638(3) (b) provides that: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper. 


facts:

The Judicial Committee (the "Committee") was told that Mr McKay had left the racecourse before the Information could be served on him. As a result Mr McKay was contacted by Assistant Stipendiary Steward Mr B Jones who was able to establish that Mr McKay acknowledged the Information, he indicated that he wished to admit the breach and that it be dealt with by the Committee in his absence.

Mr Jones confirmed to the Committee that he had a Text message on his mobile phone from Mr McKay confirming his position on the matter. He further advised that Mr McKay did not wish to make any submissions as to penalty.

Mr Coles demonstrated the alleged breach using available video footage. He told the Committee that between the home straight entrance and the 200 metre mark Mr McKay used his whip 14 or 15 time on his mount VITALI. He said that the severity of the strikes were low to mid range but there was clearly no respite give by Mr McKay and the number of strikes were well outside acceptable guidelines. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and is therefore proved.


sumissionsforpenalty:

Mr Coles submitted that Mr McKay has a good riding record and he ought to be given credit for admitting the breach. He advised the Committee that similar breaches by Amateur riders had resulted in a fine in the vicinity of $150.


reasonsforpenalty:

In assessing Penalty the Committee has taken into account Mr McKay’s Amateur status, his good riding record, admission of the breach and comparative penalties for similar recent breaches by Amateur riders. The Committee also assessed the breach at low to mid range in terms of severity.


penalty:

We impose a penalty of a $150 fine.


hearing_type: Hearing


Rules: 638 (3) (b)


Informant: Mr A Coles (Stipendiary Steward)


JockeysandTrainer: Mr J McKay (Class E Rider)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f53cbb0af6ad9384ab2ed7baa2f3e3a0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ef1f5ca15fd24110bb4c1c61ec58784c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/09/2013


meet_title: Waikato RC - 29 September 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: GTankard


meet_pm2: none


name: Waikato RC