Archive Decision

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Auckland RC 3 June 2017 – R 6 – Chair, Mr A Dooley

ID: JCA15852

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr D Prastiyou - Licensed Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A8692

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 June 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/06/03

Race Number:
R 6

Decision:

As Mr Prastiyou admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Prastiyou was fined $300.

Facts:

Following the running of race 6, Steelmasters Cornwall Handicap, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Prastiyou used the whip in an excessive manner prior to the 200 metres on STORMING THE TOWER.

Mr Prastiyou 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 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 using the available video footage identified that Mr Prastiyou struck his mount 11 times from the 400 metres to the 200 metres. He said Mr Prastiyou failed to give his mount the required respite of 6 strides.

Mr Prastiyou acknowledged that he struck his mount 11 times.

Submissions for Penalty:

Mr Oatham said that Mr Prastiyou breached this Rule in August last year and incurred a $300 fine. He highlighted that the 6 month reset period had expired and submitted a fine would be an appropriate penalty.

Mr Prastiyou said a few of his strikes were on the shoulder which made the breach look obvious.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

The mitigating factors were Mr Prastiyou’s admission of the breach and he has not breached this Rule in the last 6 months. In addition the force of strikes was low range and they were not continuous.

There were no aggravating factors.

The Committee note that STORMING THE TOWER finished in 7th place.

After taking into account all the above factors the Committee applied a $200 discount.

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: dc94a49a1d163a60938537e831758ffd


informantnumber: A8692


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/06/2017


hearing_title: Auckland RC 3 June 2017 - R 6 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, Steelmasters Cornwall Handicap, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Prastiyou used the whip in an excessive manner prior to the 200 metres on STORMING THE TOWER.

Mr Prastiyou 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 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 using the available video footage identified that Mr Prastiyou struck his mount 11 times from the 400 metres to the 200 metres. He said Mr Prastiyou failed to give his mount the required respite of 6 strides.

Mr Prastiyou acknowledged that he struck his mount 11 times.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Prastiyou admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham said that Mr Prastiyou breached this Rule in August last year and incurred a $300 fine. He highlighted that the 6 month reset period had expired and submitted a fine would be an appropriate penalty.

Mr Prastiyou said a few of his strikes were on the shoulder which made the breach look obvious.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

The mitigating factors were Mr Prastiyou’s admission of the breach and he has not breached this Rule in the last 6 months. In addition the force of strikes was low range and they were not continuous.

There were no aggravating factors.

The Committee note that STORMING THE TOWER finished in 7th place.

After taking into account all the above factors the Committee applied a $200 discount.


penalty:

Accordingly, Mr Prastiyou was fined $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr D Prastiyou - Licensed Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 28aaef1cc0370be7d78923c8c83ee3e1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 163cb5014cfee4c73a03e2ac36b2fc7c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/06/2017


meet_title: Auckland RC - 3 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Auckland RC