Racing Tauranga 15 April 2017 -R3- Chair Mr A Dooley
ID: JCA16374
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 15 April 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/04/15
Race Number:
R3
Decision:
As Mr Elliot admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 25 April and conclude after racing on 5 May 2017 (7 days).
That period of suspension encompasses meetings at
27 April – Tauranga
28 April – Blenheim
29 April – Te Rapa
30 April – Blenheim
3 May – Matamata
4 May – Otaki
5 May - Pukekohe
Facts:
Following the running of race 3, Gartshore Retail Fit Outs 1600,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mr Elliot used the whip excessively on IN A MINUTE prior to the 200 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Rogerson assisted his Apprentice Mr Elliot at the hearing.
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 demonstrated the incident using the available video footage. He identified Mr Elliot and showed where entering the final straight Mr Elliot struck his mount 4 times and then put his stick away but not for the required 6 strides. He identified that Mr Elliot then struck his mount a further 8 times prior to the 200 metres. He said the first 4 strikes were not aggressive and reiterated that at no time did Mr Elliot stop riding his mount for the required 6 strides.
Mr Rogerson said the strikes were minimal and not aggressive. He said that Mr Elliot was urging his mount and he would raise some other matters when it came to penalty submissions. In response to a question from the Committee Mr Rogerson accepted that Mr Elliot struck his mount 12 times from entering the home straight until the 200 metres.
When invited to comment on the incident Mr Elliot advised that IN A MINUTE was a late pick up ride.
Submissions for Penalty:
Mr Williamson produced Mr Elliot’s record which showed 5 previous breaches under this Rule in the last 12 months -
6/5/2016 = $300 fine
6/8/2016 = 2 day suspension
19/2/2017 = $300 fine
8/3/2017 = 3 day suspension
8/4/2017 = 5 day suspension
Mr Williamson said the 12 strikes were with low force and he described the breach as low end. He said that prior to today’s breach Mr Eliot had incurred 2 suspensions for excessive use of the whip in the past month. He advised the Committee that Mr Elliot was due to commence his latest excessive whip breach suspension from 8/4/2017 after racing today and was out up to and including 25 March 2017. He said that he would let the Committee determine an appropriate suspension for today’s breach.
Mr Rogerson submitted that the manner in which Mr Elliot used the whip was “improving dramatically”. He said that IN A MINUTE would definitely not have run 2nd if Mr Elliot had not used the whip. He believed the breach was at the low end and stated that Mr Elliot has some work to do regarding use of the whip. Mr Rogerson advised the Committee that he was taking a team of horses to race at Blenheim at their upcoming 2 day meeting and Mr Elliot would be riding a number of his team.
Mr Elliot had nothing to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee advised Mr Elliot that the JCA Penalty Guide effective 1 May 2015 states with respect to excessive use of the whip where the rider is a repeat Offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This is adjusted based on the mitigating and aggravating factors.
The mitigating factor was Mr Elliot’s admission of the breach for which he was given credit. After reviewing the films the Committee assess the number of strikes (12) was low to mid – range and the severity of the first 4 strikes was low and the last 8 strikes were in the mid - range. The Committee acknowledge the frequency of strikes was not continuous and there were some pauses. However, Mr Elliot still remained outside the guidelines for use of the whip and we note IN A MINUTE finished in 2nd place.
The significant aggravating fact was Mr Elliot’s very poor record which showed that this breach was his 4th breach in the last 2 months which is a real concern. The Committee notes that Mr Elliot breached this Rule only 1 week ago (10 strikes) at Wellington which incurred a 5 day suspension. We note on that occasion the Judicial Committee reminded Mr Elliot and Mr Barlow, Stable Foreman for Mr Rogerson, that regardless of Trainers’ instructions riders were nevertheless duty bound to ride within the Rules and Whip Guidelines.
The Committee is cognisant from earlier hearings that Mr Harris, Apprentice Jockey Mentor, has been trying to help Mr Elliot improve his whip action and he has been using the mechanical horse at Apprentice school for educational purposes. We also note in the written decision from 8/4/2017 that Kane Smith has also been trying to help Mr Elliot with his use of the whip. It was therefore very disappointing to see that, despite receiving guidance from experienced members of the Industry, Mr Elliot continues to breach this Rule. We deem this to be a further aggravating fact.
It was clear to this Committee that previous penalties imposed on Mr Elliot for breaches of this Rule appear to have had no impact on the manner in which he uses the whip. The Committee believes the penalty given today must reflect the seriousness of this breach and be of sufficient amount to deter Mr Elliot from using his whip in such an excessive manner in the future. It was quite clear that unless Mr Elliot immediately recognises that his use of the whip prior to the 200 metres was outside the guidelines he may continue to be charged with breaches of this Rule.
The penalty needs to send a clear message to Mr Elliot and all other Jockeys that a very poor record for use of the whip will result in a significant penalty.
We do not accept Mr Rogerson’s statement that Mr Elliot’s use of the whip was “improving dramatically”. In our opinion Mr Elliot’s excessive use of the whip record has significantly deteriorated especially over the last 2 months.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on an Industry day.
The Committee accepts that it is Mr Rogerson’s intention to take a team of horses to race at Blenheim. He said that Mr Elliot would have ridden some of the horses that are scheduled to travel south. While we were mindful that Mr Elliot has no recent history of riding in that Region we were satisfied on this occasion that Mr Rogerson had supplied the Committee with sufficient details to allow Blenheim to be included in any proposed suspension. However, 26th April at Wingatui was not included in Mr Elliot’s penalty because he had no intention of riding there and notably he has no history of riding in that Region on Industry days.
The Committee had respect for the fact that Mr Elliot is a busy and young Apprentice rider.
The Committee had regard for the fact that animal welfare issues have become a significant issue for Racing and Industry participants need to remain sensitive to the public perceptions in this area.
The Committee had regard for the meetings included in Mr Elliot’s penalty.
The JCA listing of penalties shows that Mr Elliot currently has the worst record of any rider in the country under this Rule. The benchmark for this type of record was a fellow Apprentice rider Mr Magorrian in 2015 and this Committee was familiar with those written decisions. We note that Mr Magorrian’s record shows that on 2/5/2015 he incurred a 6 day suspension when he struck his mount 12 times and subsequent to that a further suspension was imposed on 25/7/2015 when he struck his mount 16 times in a Listed race. This resulted in a 3 week suspension (12 days) and a $1,000 fine.
After taking into account all the above factors it was clear to this Committee that given the aggravating factors an increase from last week’s 5 day suspension was undoubtedly justified.
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: ab0ca0e299187dc3742c9403fe61b61c
informantnumber: A8540
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2017
hearing_title: Racing Tauranga 15 April 2017 -R3- Chair Mr A Dooley
charge:
facts:
Following the running of race 3, Gartshore Retail Fit Outs 1600,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mr Elliot used the whip excessively on IN A MINUTE prior to the 200 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Rogerson assisted his Apprentice Mr Elliot at the hearing.
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 demonstrated the incident using the available video footage. He identified Mr Elliot and showed where entering the final straight Mr Elliot struck his mount 4 times and then put his stick away but not for the required 6 strides. He identified that Mr Elliot then struck his mount a further 8 times prior to the 200 metres. He said the first 4 strikes were not aggressive and reiterated that at no time did Mr Elliot stop riding his mount for the required 6 strides.
Mr Rogerson said the strikes were minimal and not aggressive. He said that Mr Elliot was urging his mount and he would raise some other matters when it came to penalty submissions. In response to a question from the Committee Mr Rogerson accepted that Mr Elliot struck his mount 12 times from entering the home straight until the 200 metres.
When invited to comment on the incident Mr Elliot advised that IN A MINUTE was a late pick up ride.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Elliot’s record which showed 5 previous breaches under this Rule in the last 12 months -
6/5/2016 = $300 fine
6/8/2016 = 2 day suspension
19/2/2017 = $300 fine
8/3/2017 = 3 day suspension
8/4/2017 = 5 day suspension
Mr Williamson said the 12 strikes were with low force and he described the breach as low end. He said that prior to today’s breach Mr Eliot had incurred 2 suspensions for excessive use of the whip in the past month. He advised the Committee that Mr Elliot was due to commence his latest excessive whip breach suspension from 8/4/2017 after racing today and was out up to and including 25 March 2017. He said that he would let the Committee determine an appropriate suspension for today’s breach.
Mr Rogerson submitted that the manner in which Mr Elliot used the whip was “improving dramatically”. He said that IN A MINUTE would definitely not have run 2nd if Mr Elliot had not used the whip. He believed the breach was at the low end and stated that Mr Elliot has some work to do regarding use of the whip. Mr Rogerson advised the Committee that he was taking a team of horses to race at Blenheim at their upcoming 2 day meeting and Mr Elliot would be riding a number of his team.
Mr Elliot had nothing to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee advised Mr Elliot that the JCA Penalty Guide effective 1 May 2015 states with respect to excessive use of the whip where the rider is a repeat Offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This is adjusted based on the mitigating and aggravating factors.
The mitigating factor was Mr Elliot’s admission of the breach for which he was given credit. After reviewing the films the Committee assess the number of strikes (12) was low to mid – range and the severity of the first 4 strikes was low and the last 8 strikes were in the mid - range. The Committee acknowledge the frequency of strikes was not continuous and there were some pauses. However, Mr Elliot still remained outside the guidelines for use of the whip and we note IN A MINUTE finished in 2nd place.
The significant aggravating fact was Mr Elliot’s very poor record which showed that this breach was his 4th breach in the last 2 months which is a real concern. The Committee notes that Mr Elliot breached this Rule only 1 week ago (10 strikes) at Wellington which incurred a 5 day suspension. We note on that occasion the Judicial Committee reminded Mr Elliot and Mr Barlow, Stable Foreman for Mr Rogerson, that regardless of Trainers’ instructions riders were nevertheless duty bound to ride within the Rules and Whip Guidelines.
The Committee is cognisant from earlier hearings that Mr Harris, Apprentice Jockey Mentor, has been trying to help Mr Elliot improve his whip action and he has been using the mechanical horse at Apprentice school for educational purposes. We also note in the written decision from 8/4/2017 that Kane Smith has also been trying to help Mr Elliot with his use of the whip. It was therefore very disappointing to see that, despite receiving guidance from experienced members of the Industry, Mr Elliot continues to breach this Rule. We deem this to be a further aggravating fact.
It was clear to this Committee that previous penalties imposed on Mr Elliot for breaches of this Rule appear to have had no impact on the manner in which he uses the whip. The Committee believes the penalty given today must reflect the seriousness of this breach and be of sufficient amount to deter Mr Elliot from using his whip in such an excessive manner in the future. It was quite clear that unless Mr Elliot immediately recognises that his use of the whip prior to the 200 metres was outside the guidelines he may continue to be charged with breaches of this Rule.
The penalty needs to send a clear message to Mr Elliot and all other Jockeys that a very poor record for use of the whip will result in a significant penalty.
We do not accept Mr Rogerson’s statement that Mr Elliot’s use of the whip was “improving dramatically”. In our opinion Mr Elliot’s excessive use of the whip record has significantly deteriorated especially over the last 2 months.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on an Industry day.
The Committee accepts that it is Mr Rogerson’s intention to take a team of horses to race at Blenheim. He said that Mr Elliot would have ridden some of the horses that are scheduled to travel south. While we were mindful that Mr Elliot has no recent history of riding in that Region we were satisfied on this occasion that Mr Rogerson had supplied the Committee with sufficient details to allow Blenheim to be included in any proposed suspension. However, 26th April at Wingatui was not included in Mr Elliot’s penalty because he had no intention of riding there and notably he has no history of riding in that Region on Industry days.
The Committee had respect for the fact that Mr Elliot is a busy and young Apprentice rider.
The Committee had regard for the fact that animal welfare issues have become a significant issue for Racing and Industry participants need to remain sensitive to the public perceptions in this area.
The Committee had regard for the meetings included in Mr Elliot’s penalty.
The JCA listing of penalties shows that Mr Elliot currently has the worst record of any rider in the country under this Rule. The benchmark for this type of record was a fellow Apprentice rider Mr Magorrian in 2015 and this Committee was familiar with those written decisions. We note that Mr Magorrian’s record shows that on 2/5/2015 he incurred a 6 day suspension when he struck his mount 12 times and subsequent to that a further suspension was imposed on 25/7/2015 when he struck his mount 16 times in a Listed race. This resulted in a 3 week suspension (12 days) and a $1,000 fine.
After taking into account all the above factors it was clear to this Committee that given the aggravating factors an increase from last week’s 5 day suspension was undoubtedly justified.
penalty:
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 25 April and conclude after racing on 5 May 2017 (7 days).
That period of suspension encompasses meetings at
27 April – Tauranga
28 April – Blenheim
29 April – Te Rapa
30 April – Blenheim
3 May – Matamata
4 May – Otaki
5 May - Pukekohe
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Licensed Apprentice Jockey
Otherperson: Mr A Coles - Stipendiary Steward, Mr G Rogerson - Licensed Trainer assisting Mr Elliot
PersonPresent:
Respondent:
StipendSteward:
raceid: 05fba2b41747735c957a5fc392d8b221
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race_title: R3
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meetdate: 15/04/2017
meet_title: Racing Tauranga - 15 April 2017
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