Archive Decision

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Wairarapa RC 19 August 2017 – R8 – Chair, Mr P Williams

ID: JCA16898

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr D Turner - Licensed Jockey

Other Person:
Mr D Balcombe - Stipendiary Steward

Information Number:
A8779

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wairarapa RC - 19 August 2017

Meet Chair:
PWilliams

Meet Committee Member 1:
NMoffatt

Race Date:
2017/08/19

Race Number:
R8

Decision:

As Mr Turner admitted the breach the charge was found proved.

Penalty:

Mr Turner is fined $300.

Facts:

Following the running of race 8, the “Sellar & Sellar Chartered Accountants 1600”, Information A8779 was filed by Stipendiary Steward, Mr N Goodwin under Rule 638(3)(b)(ii). The information stated “that jockey D Turner used his whip excessively prior to the 100m without the necessary respite”.

Mr Turner signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. He also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.

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

The “Guidelines With Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:-
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Stipendiary Steward, Mr Goodwin showed the side-on view of the race from the top of the straight identified Mr Turner on CARNABY racing mid-field in the middle of the track. He said the Stewards had no problems with Mr Turner’s use of the whip from the 600m to the top of the straight. He said, however from the 350m to the 100m Mr Turner struck his horse 8 times without any respite which was clearly outside the new guidelines quoted above. He then showed the side-on film from the top of the straight and highlighted the 8 strikes made by Mr Turner with no respite during those 8 strikes.

Mr Turner did not disagree with Mr Goodwin's interpretation of the films and had no additional comments to make.

Submissions for Penalty:

Mr Goodwin referred the Committee to the JCA Penalty Guide which states that the starting point for a first time breach of the Rule is a $300 fine and he submitted the Stewards believed that was an appropriate penalty on this occasion.

Mr Turner had no comments to make.

Reasons for Penalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The Committee notes Mr Turner struck his horse 8 times without any pause after the first 5 strikes and has therefore breached the new “Use of Whip Guidelines”. The committee believes the total number of strikes means the severity of the breach is low but that, along with his admittance of this his first breach of the guideline that came into effect at the beginning of the season, does not justify a penalty lower than the $300 detailed in the JCA Penalty Guide. For completeness, the Committee notes Mr Turner finished the race in 9th or second to last position.

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: afda184b19e2f416b6c9a467061a8187


informantnumber: A8779


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/08/2017


hearing_title: Wairarapa RC 19 August 2017 - R8 - Chair, Mr P Williams


charge:


facts:

Following the running of race 8, the “Sellar & Sellar Chartered Accountants 1600”, Information A8779 was filed by Stipendiary Steward, Mr N Goodwin under Rule 638(3)(b)(ii). The information stated “that jockey D Turner used his whip excessively prior to the 100m without the necessary respite”.

Mr Turner signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. He also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.

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

The “Guidelines With Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:-
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Stipendiary Steward, Mr Goodwin showed the side-on view of the race from the top of the straight identified Mr Turner on CARNABY racing mid-field in the middle of the track. He said the Stewards had no problems with Mr Turner’s use of the whip from the 600m to the top of the straight. He said, however from the 350m to the 100m Mr Turner struck his horse 8 times without any respite which was clearly outside the new guidelines quoted above. He then showed the side-on film from the top of the straight and highlighted the 8 strikes made by Mr Turner with no respite during those 8 strikes.

Mr Turner did not disagree with Mr Goodwin's interpretation of the films and had no additional comments to make.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Turner admitted the breach the charge was found proved.

sumissionsforpenalty:

Mr Goodwin referred the Committee to the JCA Penalty Guide which states that the starting point for a first time breach of the Rule is a $300 fine and he submitted the Stewards believed that was an appropriate penalty on this occasion.

Mr Turner had no comments to make.


reasonsforpenalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The Committee notes Mr Turner struck his horse 8 times without any pause after the first 5 strikes and has therefore breached the new “Use of Whip Guidelines”. The committee believes the total number of strikes means the severity of the breach is low but that, along with his admittance of this his first breach of the guideline that came into effect at the beginning of the season, does not justify a penalty lower than the $300 detailed in the JCA Penalty Guide. For completeness, the Committee notes Mr Turner finished the race in 9th or second to last position.


penalty:

Mr Turner is fined $300.

hearing_type: Hearing


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


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr D Turner - Licensed Jockey


Otherperson: Mr D Balcombe - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 958ecf7ee1aa8948e510cf675c10f62f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b488a23c0105ac9bb0521639418d3460


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/08/2017


meet_title: Wairarapa RC - 19 August 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairarapa-rc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: NMoffatt


meet_pm2: none


name: Wairarapa RC