Canterbury R 13 August 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA16234
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 13 August 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
TUtikere
Race Date:
2016/08/13
Race Number:
R5
Decision:
Mr Mudhoo having admitted the breach, the charge was found proved.
Penalty:
Mr Mudhoo was fined the sum of $400.
Facts:
Following the running of Race 5, Millennium Hotels & Resorts Premier Open, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of THE KNIGHT in the race, “struck his mount excessively prior to the 200 metres”.
Mr Mudhoo was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr W Harnett.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) 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 Davidson showed a video replay of the final stages of the race from approximately the 400 metres. He pointed out Mr Mudhoo, riding THE KNIGHT, racing widest of the seven runners as the field entered the home straight. From that point, Mr Davidson alleged, Mr Mudhoo struck his mount twelve times with the whip prior to the 200 metres. He asked the Committee to note that Mr Mudhoo did take some pauses on three occasions for two or three strides on each occasion. Mr Davidson referred the Committee to the Guidelines which required a jockey to ride hands and heels for six strides, which Mr Mudhoo had failed to do.
Mr Harnett submitted that the breach was at the very low end of the scale. Mr Mudhoo had not exceeded the six strides before going back to hands and heels. He also submitted that the track conditions were very testing.
Mr Davidson, when asked by the Committee, agreed that the breach was very low end. Mr Mudhoo had taken breaks but not long enough, he said.
Submissions for Penalty:
Mr Davidson said that Mr Mudhoo had breached the whip Rule on 2nd April 2016 at Riccarton and had been fined $250. Mr Davidson pointed out that, under the Penalty Guide, the present breach was deemed to be a second breach, being within the six-months’ “reset” period (a rider’s record in relation to the Rule is reset after six months has elapsed from the date of the last breach).
Mr Davidson submitted that the breach could be dealt with by way of a fine. Stewards in the South Island were now “policing” the Rule and Guidelines more strictly.
Mr Davidson submitted that even a 1-day suspension would be harsh, as it would mean Mr Mudhoo could not ride again until 3rd September. Mr Mudhoo is a South Island rider and there is only one other South Island meeting in the next three weeks, between now and 3rd September, Mr Davidson said. He said that Stewards were not seeking a suspension in the circumstances, which he described as “’exceptional”, and he said that a fine was sought, but with an increase over the fine of $250 for the previous breach in April. He would leave the amount of fine up to the Committee, he said.
Mr Harnett endorsed the submissions of Mr Davidson. He submitted that the degree of seriousness of the breach did not warrant a suspension.
Reasons for Penalty:
The Penalty Guide starting point for a second breach of the Rule is a 3-5 days’ suspension. However, Mr Davidson submitted that “exceptional circumstances” existed in this case – that is to say, having regard to the fact that there is only one more South Island meeting in August, a suspension of even one day would involve a period of three weeks’ suspension for Mr Mudhoo. This would be a penalty, Mr Davidson submitted, out of proportion to the low-end nature of the breach.
Mr Harnett made a similar submission on Mr Mudhoo’s behalf.
After deliberation, the Committee agreed that the circumstances of this case are somewhat unusual and we have decided to deal with the matter by way of a fine, notwithstanding the Penalty Guide. In arriving at this decision and the amount of fine, we have had regard to Mr Mudhoo’s admission of the breach, the submissions of Mr Davidson and Mr Harnett and the seriousness of the beach, which we also saw as being low-end.
Any fine which we impose will need to be meaningful and serve as a deterrent to Mr Mudhoo from breaching the whip Rule and Guidelines in the future. Mr Mudhoo is warned that it is unlikely that he will be treated so leniently should he breach the excessive use of the whip Rule again within the next 6 months.
JCA Decision Fields (raw)
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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: cdef60afe4e39b9eeec8ed4f4f5e3ce1
informantnumber: A3241
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/08/2016
hearing_title: Canterbury R 13 August 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Millennium Hotels & Resorts Premier Open, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of THE KNIGHT in the race, “struck his mount excessively prior to the 200 metres”.
Mr Mudhoo was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr W Harnett.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) 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 Davidson showed a video replay of the final stages of the race from approximately the 400 metres. He pointed out Mr Mudhoo, riding THE KNIGHT, racing widest of the seven runners as the field entered the home straight. From that point, Mr Davidson alleged, Mr Mudhoo struck his mount twelve times with the whip prior to the 200 metres. He asked the Committee to note that Mr Mudhoo did take some pauses on three occasions for two or three strides on each occasion. Mr Davidson referred the Committee to the Guidelines which required a jockey to ride hands and heels for six strides, which Mr Mudhoo had failed to do.
Mr Harnett submitted that the breach was at the very low end of the scale. Mr Mudhoo had not exceeded the six strides before going back to hands and heels. He also submitted that the track conditions were very testing.
Mr Davidson, when asked by the Committee, agreed that the breach was very low end. Mr Mudhoo had taken breaks but not long enough, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mudhoo having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson said that Mr Mudhoo had breached the whip Rule on 2nd April 2016 at Riccarton and had been fined $250. Mr Davidson pointed out that, under the Penalty Guide, the present breach was deemed to be a second breach, being within the six-months’ “reset” period (a rider’s record in relation to the Rule is reset after six months has elapsed from the date of the last breach).
Mr Davidson submitted that the breach could be dealt with by way of a fine. Stewards in the South Island were now “policing” the Rule and Guidelines more strictly.
Mr Davidson submitted that even a 1-day suspension would be harsh, as it would mean Mr Mudhoo could not ride again until 3rd September. Mr Mudhoo is a South Island rider and there is only one other South Island meeting in the next three weeks, between now and 3rd September, Mr Davidson said. He said that Stewards were not seeking a suspension in the circumstances, which he described as “’exceptional”, and he said that a fine was sought, but with an increase over the fine of $250 for the previous breach in April. He would leave the amount of fine up to the Committee, he said.
Mr Harnett endorsed the submissions of Mr Davidson. He submitted that the degree of seriousness of the breach did not warrant a suspension.
reasonsforpenalty:
The Penalty Guide starting point for a second breach of the Rule is a 3-5 days’ suspension. However, Mr Davidson submitted that “exceptional circumstances” existed in this case – that is to say, having regard to the fact that there is only one more South Island meeting in August, a suspension of even one day would involve a period of three weeks’ suspension for Mr Mudhoo. This would be a penalty, Mr Davidson submitted, out of proportion to the low-end nature of the breach.
Mr Harnett made a similar submission on Mr Mudhoo’s behalf.
After deliberation, the Committee agreed that the circumstances of this case are somewhat unusual and we have decided to deal with the matter by way of a fine, notwithstanding the Penalty Guide. In arriving at this decision and the amount of fine, we have had regard to Mr Mudhoo’s admission of the breach, the submissions of Mr Davidson and Mr Harnett and the seriousness of the beach, which we also saw as being low-end.
Any fine which we impose will need to be meaningful and serve as a deterrent to Mr Mudhoo from breaching the whip Rule and Guidelines in the future. Mr Mudhoo is warned that it is unlikely that he will be treated so leniently should he breach the excessive use of the whip Rule again within the next 6 months.
penalty:
Mr Mudhoo was fined the sum of $400.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: M R Davidson, Stipendiary Steward
JockeysandTrainer: K Mudhoo Licensed Apprentice Jockey (Class B)
Otherperson: Mr W Harnett, Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 9076154019604b58333011ade6d194c3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bdfd38a72afb225cd430218aad0edc18
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/08/2016
meet_title: Canterbury Racing - 13 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: TUtikere
meet_pm2: none
name: Canterbury Racing