Westland RC 15 January 2019 – R 2 – Chair, Mr S Ching
ID: JCA16916
Code:
Thoroughbred
Meet Title:
Westland RC - 15 January 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/01/15
Race Number:
R2
Decision:
Miss Cowan having admitted the breach the charge was found proved.
Penalty:
Miss Cowan is fined the sum of $300.
Facts:
Following the running of Race 2, the Hokitika Guardian 1645m, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class B), Miss K Cowan, alleging that Miss Cowan, as the rider of THE BUMPER, in the race, used her whip excessively prior to the 100 metres.
Miss Cowan was present at the hearing of the information. Miss Cowan had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Cowan was assisted at the hearing by Mr D Walsh, NZTR Apprentice mentor.
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 with Respect to Acceptable Use of the Whip” provide as follows:
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.
Mr Davidson with the assistance of Stipendiary Steward, Mr A Coles, showed video replays of the final 250 metres of the race. He pointed out Miss Cowan riding THE BUMPER in a prominent position as the field turned for home. Mr Coles showed that inside the 250m, Miss Cowan drew the whip and struck THE BUMPER 9 times with only 2 pauses of 3 and 4 strides respectively, not the required respite of 5 strides as per the Whip Guidelines.
Mr Walsh stated that it not a bad case but just that Miss Cowan did not give enough respite as required by the Guidelines.
Submissions for Penalty:
Mr Davidson told the Committee that Miss Cowan had a clear record under the Rule over the previous 12 months. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The breach, he said, was at a low level and submitted that a fine of $300 be considered as penalty.
Miss Cowan elected to make no submissions on penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for a first breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 was an appropriate penalty.
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: b1e179fb24cebc01e33f3cea03ad4a8d
informantnumber: A9061
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/01/2019
hearing_title: Westland RC 15 January 2019 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Hokitika Guardian 1645m, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class B), Miss K Cowan, alleging that Miss Cowan, as the rider of THE BUMPER, in the race, used her whip excessively prior to the 100 metres.
Miss Cowan was present at the hearing of the information. Miss Cowan had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Cowan was assisted at the hearing by Mr D Walsh, NZTR Apprentice mentor.
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 with Respect to Acceptable Use of the Whip” provide as follows:
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.
Mr Davidson with the assistance of Stipendiary Steward, Mr A Coles, showed video replays of the final 250 metres of the race. He pointed out Miss Cowan riding THE BUMPER in a prominent position as the field turned for home. Mr Coles showed that inside the 250m, Miss Cowan drew the whip and struck THE BUMPER 9 times with only 2 pauses of 3 and 4 strides respectively, not the required respite of 5 strides as per the Whip Guidelines.
Mr Walsh stated that it not a bad case but just that Miss Cowan did not give enough respite as required by the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Cowan having admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Miss Cowan had a clear record under the Rule over the previous 12 months. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The breach, he said, was at a low level and submitted that a fine of $300 be considered as penalty.
Miss Cowan elected to make no submissions on penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for a first breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 was an appropriate penalty.
penalty:
Miss Cowan is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: M Davidson, Stipendiary Steward
JockeysandTrainer: K Cowan, Licensed Jockey (Class B)
Otherperson: D Walsh NZTR Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f66870aff7274ffe493865e625ccf5a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 434ffb005898b9ca61e4121517ae23e7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2019
meet_title: Westland RC - 15 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Westland RC