Pakuranga HC 24 August 2019 – R 3 – Chair, Mr A Dooley
ID: JCA15786
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 24 August 2019
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2019/08/24
Race Number:
R3
Decision:
As Mrs Fillmore admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mrs Fillmore was fined $350.
Facts:
Following the running of race 3, Flair Amateurs Riders 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mrs Fillmore used the whip excessively prior to the 100 metres when riding DOUBLE HAPPY.
Mrs Fillmore said that she understood the Rule and confirmed she admitted 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” 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 Oatham demonstrated the incident using the available video footage. He identified Mrs Fillmore and showed that she used her whip on 7 occasions from the 200 metres to the 100 metres. He said Mrs Fillmore's arm was above shoulder height and the whip was used in a forceful manner.
Mrs Fillmore said that she recently returned to riding after a 12 year absence. She accepted that she needed to “tone down” her use of the whip and apologised for her actions.
Submissions for Penalty:
Mr Oatham said that Mrs Fillmore had a clear record under this Rule and she admitted the breach. He said that Mrs Fillmore has had 7 rides since her return to race day riding and she needs to make an adjustment to her whip action. He said in mitigation Mrs Fillmore does not get paid as an Amateur rider and this deserves some discount in penalty.
Mrs Fillmore said that she recognised that a monetary penalty would be imposed. To her credit she was forthright in that she “needs to do better”.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
The JCA database showed that generally Amateur riders were afforded a $50 reduction from the starting point due to their status and limited riding opportunities. We therefore adopted a starting point of a $250 fine.
When reviewing the video footage the Committee observed that the total number of strikes (7) was in the low range. However, the manner in which Mrs Fillmore used her whip was of concern to the Committee. The whip was clearly used above shoulder height which is a breach of the Whip Guidelines and the force applied was in the high range. We deemed these to be aggravating factors which warranted an uplift of $100.
After taking into account all the above factors the Committee considered that a $350 fine would be an appropriate penalty.
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: d11a7f1048f8c3dc8176a1fe41e007dc
informantnumber: A11329
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/08/2019
hearing_title: Pakuranga HC 24 August 2019 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Flair Amateurs Riders 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mrs Fillmore used the whip excessively prior to the 100 metres when riding DOUBLE HAPPY.
Mrs Fillmore said that she understood the Rule and confirmed she admitted 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” 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 Oatham demonstrated the incident using the available video footage. He identified Mrs Fillmore and showed that she used her whip on 7 occasions from the 200 metres to the 100 metres. He said Mrs Fillmore's arm was above shoulder height and the whip was used in a forceful manner.
Mrs Fillmore said that she recently returned to riding after a 12 year absence. She accepted that she needed to “tone down” her use of the whip and apologised for her actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Fillmore admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mrs Fillmore had a clear record under this Rule and she admitted the breach. He said that Mrs Fillmore has had 7 rides since her return to race day riding and she needs to make an adjustment to her whip action. He said in mitigation Mrs Fillmore does not get paid as an Amateur rider and this deserves some discount in penalty.
Mrs Fillmore said that she recognised that a monetary penalty would be imposed. To her credit she was forthright in that she “needs to do better”.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
The JCA database showed that generally Amateur riders were afforded a $50 reduction from the starting point due to their status and limited riding opportunities. We therefore adopted a starting point of a $250 fine.
When reviewing the video footage the Committee observed that the total number of strikes (7) was in the low range. However, the manner in which Mrs Fillmore used her whip was of concern to the Committee. The whip was clearly used above shoulder height which is a breach of the Whip Guidelines and the force applied was in the high range. We deemed these to be aggravating factors which warranted an uplift of $100.
After taking into account all the above factors the Committee considered that a $350 fine would be an appropriate penalty.
penalty:
Accordingly, Mrs Fillmore was fined $350.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mrs J Fillmore - Class E Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cc9516c93d21b288bce7f6d1b8b9fd12
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 54aa8bc75d6653d16e4b313c751c2966
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2019
meet_title: Pakuranga HC - 24 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Pakuranga HC