Archive Decision

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Avondale JC 25 January 2017 – R 6 – Chair, Mr P Williams

ID: JCA16009

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms S Spratt - Licensed Jockey

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A8859

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 January 2017

Meet Chair:
PWilliams

Meet Committee Member 1:
ADooley

Race Date:
2017/01/25

Race Number:
R 6

Decision:

As Ms Spratt admitted the breach the charge was found proved.

Penalty:

Ms Spratt is suspended for 2 riding days - Te Teko on 30 January 2017 and Te Rapa on 4 February 2017.

Facts:

Following the running of race 6, the "NZB Pearl Series Race", Information A8859 was filed by Stipendiary Steward Mr A Coles under Rule 638(3)(b)(ii). The information stated "that jockey S Spratt used the whip on "Tennessee in an excessive manner prior to the 200 metres". Ms Spratt signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule under which she was charged.

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

Stipendiary Steward Mr Jones showed the side-on view of the race from the top of the straight identified Ms Spratt on "Tennessee" as the widest runner on the track. He said from there to the 200m mark Ms Spratt struck her horse 11 times without pausing for the required 6 strides.

Ms Spratt did not disagree with Mr Jones' interpretation of the films and had no additional comments to make.

Submissions for Penalty:

Mr Coles said Ms Spratt had previously breached the Rule on 5 October 2016 and had been fined $300. When asked if he had a specific submission on penalty he said he would leave that to the Committee to decide.

Ms Spratt was asked if she was aware of the JCA's Penalty Guidelines for a breach of this Rule. She said she wasn't and she was then told that the starting point for a second breach of the Rule within a 6 month period was a suspension of 3-5 riding days.

Ms Spratt asked the Committee to consider that it was just under 4 months since her last charge and also that another jockey who has had 3 breaches of the Rule in the last 6 months had only received a $400 fine at Tauranga on 20 January 2017.

Reasons for Penalty:

The Committee has reviewed the films of the race from just prior to the 400m mark and taken into account the submissions made. The Committee notes Ms Spratt struck her horse 11 times without the required respite and believes the severity of the breach is in the low range. We further note Ms Spratt finished the race in 6th position.

The JCA's Penalty Guidelines state the starting point for a second breach of this Rule within a six month period is a 3-5 riding day suspension. The Committee, whilst noting Ms Spratt's comments about the recent penalty imposed upon Ms Farr at Tauranga, has to treat today's case on the facts as presented. From a starting point of 3 days the Committee is prepared to reduce that by 1 day for Ms Spratt's admittance of the breach and the low level severity.

In advising Ms Spratt of the decision she asked for the suspension to be deferred until after racing on Sunday 29 January which was approved in terms of Rule 1106(2). She further asked that the 1 February meeting at Hawkes Bay be included in any suspension. When asked if she had any confirmed engagements for that meeting she said she hadn't but had recently ridden in the Central Districts. The Committee is aware of Ms Spratt having ridden only once in the Central Districts this season on an Industry day, that day being 6 October 2016 at Tauherenikau. She was advised that because she had no confirmed engagements for the Hawkes Bay meeting on 1 February it would not be included in her period of suspension.

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: ae8387ab934d4a38311e8f0ad44011c1


informantnumber: A8859


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/01/2017


hearing_title: Avondale JC 25 January 2017 - R 6 - Chair, Mr P Williams


charge:


facts:

Following the running of race 6, the "NZB Pearl Series Race", Information A8859 was filed by Stipendiary Steward Mr A Coles under Rule 638(3)(b)(ii). The information stated "that jockey S Spratt used the whip on "Tennessee in an excessive manner prior to the 200 metres". Ms Spratt signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule under which she was charged.

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

Stipendiary Steward Mr Jones showed the side-on view of the race from the top of the straight identified Ms Spratt on "Tennessee" as the widest runner on the track. He said from there to the 200m mark Ms Spratt struck her horse 11 times without pausing for the required 6 strides.

Ms Spratt did not disagree with Mr Jones' interpretation of the films and had no additional comments to make.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Spratt admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Coles said Ms Spratt had previously breached the Rule on 5 October 2016 and had been fined $300. When asked if he had a specific submission on penalty he said he would leave that to the Committee to decide.

Ms Spratt was asked if she was aware of the JCA's Penalty Guidelines for a breach of this Rule. She said she wasn't and she was then told that the starting point for a second breach of the Rule within a 6 month period was a suspension of 3-5 riding days.

Ms Spratt asked the Committee to consider that it was just under 4 months since her last charge and also that another jockey who has had 3 breaches of the Rule in the last 6 months had only received a $400 fine at Tauranga on 20 January 2017.


reasonsforpenalty:

The Committee has reviewed the films of the race from just prior to the 400m mark and taken into account the submissions made. The Committee notes Ms Spratt struck her horse 11 times without the required respite and believes the severity of the breach is in the low range. We further note Ms Spratt finished the race in 6th position.

The JCA's Penalty Guidelines state the starting point for a second breach of this Rule within a six month period is a 3-5 riding day suspension. The Committee, whilst noting Ms Spratt's comments about the recent penalty imposed upon Ms Farr at Tauranga, has to treat today's case on the facts as presented. From a starting point of 3 days the Committee is prepared to reduce that by 1 day for Ms Spratt's admittance of the breach and the low level severity.

In advising Ms Spratt of the decision she asked for the suspension to be deferred until after racing on Sunday 29 January which was approved in terms of Rule 1106(2). She further asked that the 1 February meeting at Hawkes Bay be included in any suspension. When asked if she had any confirmed engagements for that meeting she said she hadn't but had recently ridden in the Central Districts. The Committee is aware of Ms Spratt having ridden only once in the Central Districts this season on an Industry day, that day being 6 October 2016 at Tauherenikau. She was advised that because she had no confirmed engagements for the Hawkes Bay meeting on 1 February it would not be included in her period of suspension.


penalty:

Ms Spratt is suspended for 2 riding days - Te Teko on 30 January 2017 and Te Rapa on 4 February 2017.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms S Spratt - Licensed Jockey


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c483af8013a5e4e47658c049cc131eab


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: 4601b1f6cdc52c3afd1b38635f3119fe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/01/2017


meet_title: Avondale JC - 25 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: ADooley


meet_pm2: none


name: Avondale JC