Archive Decision

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Poverty Bay TC 19 February 2017 – R 1 – Chair, Mr T Utikere

ID: JCA15878

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr C Lammas - Licensed Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A8860

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Poverty Bay TC - 19 February 2017

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2017/02/19

Race Number:
R1

Decision:

As the charge was admitted, the committee found the charge proved.

Penalty:

Mr Lammas is fined $300. 

Facts:

Following the running of Race 1 (BEN HOLDEN FENCING 2000m), Information A8860 was filed with the judicial committee. Class A Rider, Cameron Lammas was charged with a breach of Rule 638(3)(b)(ii). The Information stated he: "used the whip excessively on his mount SAVASON."

Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."

Mr Lammas confirmed that he understood the rule and that he admitted the breach.

Using the side-on and head-on films, Mr Oatham identified SAVASON turning for home near the front of the field. He identified that Mr Lammas was observed to have used his whip approximately 10 times prior to the 200 metres.

Mr Lammas stated that he did not go overboard and the film had clearly shown that the most consecutive times, outside of the guidelines, that he had used his whip was three times prior to the 200m. He also noted that he we was only tapping his horse rather than using forceful strikes. He believed it was simply a misjudgement in the number of strides on his part. 

Submissions for Penalty:

In presenting Mr Lammas' record, Mr Coles identified that while he had two previous warnings on 27 and 30 July last year, the were no previous breaches of the rule. He identified this as a good record for a rider who rides a lot throughout the North Island. He believed Mr Lammas should also be given credit for his admission of the breach and submitted a fine as appropriate.

Mr Lammas concurred with Mr Coles, and reconfirmed his view that this was simply an error of judgement, particularly on a heavy track.

Reasons for Penalty:

The committee considered all of the submissions placed before it. We determined that a fine was an appropriate penalty on this occasion, and adopted the JCA Penalty Guidelines starting point of $500. It was clear to us that Mr Lammas misjudged the situation, and while he took some reprieve, it was not sufficient. Whether the strikes were taps or more forceful in nature, they still remain outside of the whip use guidelines. The warnings on his record are irrelevant for the purposes of considering penalty; so in mitigation we apply his very good record and his early admission of the breach.

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: df64cc1d1d2dced908b87a722bf77d0a


informantnumber: A8860


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2017


hearing_title: Poverty Bay TC 19 February 2017 - R 1 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 1 (BEN HOLDEN FENCING 2000m), Information A8860 was filed with the judicial committee. Class A Rider, Cameron Lammas was charged with a breach of Rule 638(3)(b)(ii). The Information stated he: "used the whip excessively on his mount SAVASON."

Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."

Mr Lammas confirmed that he understood the rule and that he admitted the breach.

Using the side-on and head-on films, Mr Oatham identified SAVASON turning for home near the front of the field. He identified that Mr Lammas was observed to have used his whip approximately 10 times prior to the 200 metres.

Mr Lammas stated that he did not go overboard and the film had clearly shown that the most consecutive times, outside of the guidelines, that he had used his whip was three times prior to the 200m. He also noted that he we was only tapping his horse rather than using forceful strikes. He believed it was simply a misjudgement in the number of strides on his part. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

In presenting Mr Lammas' record, Mr Coles identified that while he had two previous warnings on 27 and 30 July last year, the were no previous breaches of the rule. He identified this as a good record for a rider who rides a lot throughout the North Island. He believed Mr Lammas should also be given credit for his admission of the breach and submitted a fine as appropriate.

Mr Lammas concurred with Mr Coles, and reconfirmed his view that this was simply an error of judgement, particularly on a heavy track.


reasonsforpenalty:

The committee considered all of the submissions placed before it. We determined that a fine was an appropriate penalty on this occasion, and adopted the JCA Penalty Guidelines starting point of $500. It was clear to us that Mr Lammas misjudged the situation, and while he took some reprieve, it was not sufficient. Whether the strikes were taps or more forceful in nature, they still remain outside of the whip use guidelines. The warnings on his record are irrelevant for the purposes of considering penalty; so in mitigation we apply his very good record and his early admission of the breach.


penalty:

Mr Lammas is fined $300. 


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr C Lammas - Licensed Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9680c47f2dfca82dfe6f54af48fb13db


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: 887320e0edafb9448e7919cc498628d5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


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meetdate: 19/02/2017


meet_title: Poverty Bay TC - 19 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: poverty-bay-tc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Poverty Bay TC