Archive Decision

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R Tauranga 15 April 2017 – R 7 – Chair, Mr A Dooley

ID: JCA16675

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mrs L Satherley - Licensed Rider

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A8541

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 15 April 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/04/15

Race Number:
Race 7

Decision:

As Mrs Satherley admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 21 April and conclude after racing on 29 April 2017 (4 days)

That period of suspension encompasses meetings at

22 April – Ellerslie

25 April – Avondale

27 April – Tauranga

29 April – Te Rapa

 

Facts:

Following the running of race 7, Icon Security Tauranga 1600,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mrs Satherley used the whip excessively on ARTERIAL prior to the 200 metres.

Mrs Satherley acknowledged that she understood the Rule and confirmed her 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 Jones demonstrated the incident using the available video footage. He identified Mrs Satherley and showed where from entering the final straight up to the 200 metres she struck her mount 10 times. He said at no stage did Mrs Satherley give her mount the required 6 strides respite.

Mrs Satherley said it was clear that she had breached the Rule and it was an error of judgement on her part. She added that she was not punishing ARTERIAL and her mount was responding well to the whip.

Submissions for Penalty:

Mr Williamson produced Mrs Satherley’s record which showed 3 previous breaches under this Rule in the last 12 months.

31/8/2016 = $300 fine

18/9/2016 = 2 day suspension

15/11/2016 = 3 day suspension

Mr Williamson said that the biggest respite was for 3 strides and not for the required 6 strides. He said that Mrs Satherley has a history of excessive use of the whip and stated this breach definitely warranted a suspension. He said that he would leave it up to the Committee to impose an appropriate penalty.

Mrs Satherley advised that she had commitments at Te Teko on 21 April and any proposed suspension could start after that date.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee advised Mrs Satherley that 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 facts were Mrs Satherley’s admission of the breach and the number of strikes (10) which was towards the low end of the scale. She was given credit for these.

After reviewing the films the Committee assess the severity of strikes as low to mid – range. The Committee acknowledge that the frequency of strikes was not continuous and there were some pauses. However, Mrs Satherley remained outside the guidelines for use of the whip and we note ARTERIAL finished in 4th place.

Mrs Satherley’s record in the last 12 months is not good. However, the Committee explained to Mrs Satherley that a rider’s record in relation to this Rule only will reset after 6 months has elapsed from the date of their last breach of the Rule.

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 Mrs Satherley’s penalty and we note that there were no Central Districts race meetings during her suspension.

After taking into account all the above factors the Committee considers an appropriate suspension to be 4 days.

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: d36623c5d11274a7086185e0f98ea56e


informantnumber: A8541


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 18/04/2017


hearing_title: R Tauranga 15 April 2017 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Icon Security Tauranga 1600,an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Mrs Satherley used the whip excessively on ARTERIAL prior to the 200 metres.

Mrs Satherley acknowledged that she understood the Rule and confirmed her 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 Jones demonstrated the incident using the available video footage. He identified Mrs Satherley and showed where from entering the final straight up to the 200 metres she struck her mount 10 times. He said at no stage did Mrs Satherley give her mount the required 6 strides respite.

Mrs Satherley said it was clear that she had breached the Rule and it was an error of judgement on her part. She added that she was not punishing ARTERIAL and her mount was responding well to the whip.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Satherley admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mrs Satherley’s record which showed 3 previous breaches under this Rule in the last 12 months.

31/8/2016 = $300 fine

18/9/2016 = 2 day suspension

15/11/2016 = 3 day suspension

Mr Williamson said that the biggest respite was for 3 strides and not for the required 6 strides. He said that Mrs Satherley has a history of excessive use of the whip and stated this breach definitely warranted a suspension. He said that he would leave it up to the Committee to impose an appropriate penalty.

Mrs Satherley advised that she had commitments at Te Teko on 21 April and any proposed suspension could start after that date.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee advised Mrs Satherley that 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 facts were Mrs Satherley’s admission of the breach and the number of strikes (10) which was towards the low end of the scale. She was given credit for these.

After reviewing the films the Committee assess the severity of strikes as low to mid – range. The Committee acknowledge that the frequency of strikes was not continuous and there were some pauses. However, Mrs Satherley remained outside the guidelines for use of the whip and we note ARTERIAL finished in 4th place.

Mrs Satherley’s record in the last 12 months is not good. However, the Committee explained to Mrs Satherley that a rider’s record in relation to this Rule only will reset after 6 months has elapsed from the date of their last breach of the Rule.

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 Mrs Satherley’s penalty and we note that there were no Central Districts race meetings during her suspension.

After taking into account all the above factors the Committee considers an appropriate suspension to be 4 days.


penalty:

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 21 April and conclude after racing on 29 April 2017 (4 days)

That period of suspension encompasses meetings at

22 April – Ellerslie

25 April – Avondale

27 April – Tauranga

29 April – Te Rapa

 


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mrs L Satherley - Licensed Rider


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d29b27e93a2f863bfc0cc51551470f31


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 929bba24b04184de127aa258aa188a2d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/04/2017


meet_title: Racing Tauranga - 15 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Racing Tauranga