Archive Decision

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South Canterbury RC 30 July 2017 – R 7 – Chair, Mr S Ching

ID: JCA16963

Applicant:
Mr M Davidson – Stipendiary Steward

Respondent(s):
Miss H Andrew - Class B Licensed Jockey

Other Person:
Mr N McIntyre - General Manager of Stewards

Information Number:
A09702

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 30 July 2017

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2017/07/30

Race Number:
R7

Decision:

As Miss Andrew had admitted the charge it was deemed to be proved.

Penalty:

Miss Andrew’s Class B Licence is suspended from the conclusion of racing 31 July up to and including 9 August 2017. This suspension encompasses the meetings at Egmont on 3 August, Christchurch 5 August and Christchurch 9 August.

Facts:

Following the running of Race 7, the Laser Electrical Timaru R85 1600m, an Information was filed by Stipendiary Steward, Mr M Davidson against Class B Licensed Jockey, Miss H Andrew, alleging a breach of Rule 638(3)(b) in that she struck her mount, ASTROTURF, excessively prior to the 200m.

Rule 638(3)(b) reads as follows:
“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Miss Andrew had indicated on the Information that the charge was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Andrew was assisted at the preliminary Stewards hearing by Licensed Trainer, Mr M Daly and informed the Committee that she did not require assistance at the hearing.

Mr Davidson gave evidence and produced video replays with the assistance of General Manager of Stewards, Mr N McIntyre, which showed Miss Andrew, riding ASTROTURF, who was racing in the lead as the field entered the final straight. He pointed out Miss Andrew drawing her whip and using the whip on 12 occasions prior to the 200m. He said there was a small respite in the middle of the strikes but this was brief and was not in line with the Whip Guidelines which state that a rider must go back to the whip rein and push for 6 strides before drawing the whip again. He stated that the first 6 strikes were of a light force but the second 6 were more aggressive and forceful.

Miss Andrew said she completely agreed that she was outside the Whip guidelines and did not dispute the number of strikes. She said she was a definite chance as the field turned for home and had got “tunnel vision” about winning the race, forgetting about the guidelines.

Submissions for Penalty:

Mr Davidson stated that Miss Andrew’s penalty record showed a breach of this rule on 27 May 2017 at Wellington where she received a $300 fine. Mr Davidson said the JCA Penalty Guide recommended a starting point of a 3-5-day suspension for a second breach of this rule within 6 months. He submitted that the level of the breach was mid to low and that a 2 to 3 day suspension be considered as penalty.

Miss Andrew asked that consideration be given, that after today’s results she was now the leading Apprentice Rider for the Central Districts, which she had been chasing for the previous 6 months, and hoped that help explain her enthusiasm in her ride on ASTROTURF.

The matter of deferment was discussed at length and after consultation with her employer, Mr K Gray, Miss Andrew opted to take any suspension a soon as possible which would be after the Levin meeting at Palmerston North on Monday 31 July.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of a 3 to 5 day suspension for a second breach of this rule within 6 months. The Committee assessed this breach as being mid-range and adopted a 4 day starting point in this case. We determined there were no aggravating factors in this case to warrant an uplift in penalty. In mitigation, we were able to afford a discount for Miss Andrew’s frank admission of the breach. This we set at 1 day. We therefore determined that an appropriate penalty was a 3 day suspension.

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: b94fc1ac0d1d73e345cd943aa713c8f8


informantnumber: A09702


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 02/08/2017


hearing_title: South Canterbury RC 30 July 2017 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Laser Electrical Timaru R85 1600m, an Information was filed by Stipendiary Steward, Mr M Davidson against Class B Licensed Jockey, Miss H Andrew, alleging a breach of Rule 638(3)(b) in that she struck her mount, ASTROTURF, excessively prior to the 200m.

Rule 638(3)(b) reads as follows:
“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Miss Andrew had indicated on the Information that the charge was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Andrew was assisted at the preliminary Stewards hearing by Licensed Trainer, Mr M Daly and informed the Committee that she did not require assistance at the hearing.

Mr Davidson gave evidence and produced video replays with the assistance of General Manager of Stewards, Mr N McIntyre, which showed Miss Andrew, riding ASTROTURF, who was racing in the lead as the field entered the final straight. He pointed out Miss Andrew drawing her whip and using the whip on 12 occasions prior to the 200m. He said there was a small respite in the middle of the strikes but this was brief and was not in line with the Whip Guidelines which state that a rider must go back to the whip rein and push for 6 strides before drawing the whip again. He stated that the first 6 strikes were of a light force but the second 6 were more aggressive and forceful.

Miss Andrew said she completely agreed that she was outside the Whip guidelines and did not dispute the number of strikes. She said she was a definite chance as the field turned for home and had got “tunnel vision” about winning the race, forgetting about the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Andrew had admitted the charge it was deemed to be proved.


sumissionsforpenalty:

Mr Davidson stated that Miss Andrew’s penalty record showed a breach of this rule on 27 May 2017 at Wellington where she received a $300 fine. Mr Davidson said the JCA Penalty Guide recommended a starting point of a 3-5-day suspension for a second breach of this rule within 6 months. He submitted that the level of the breach was mid to low and that a 2 to 3 day suspension be considered as penalty.

Miss Andrew asked that consideration be given, that after today’s results she was now the leading Apprentice Rider for the Central Districts, which she had been chasing for the previous 6 months, and hoped that help explain her enthusiasm in her ride on ASTROTURF.

The matter of deferment was discussed at length and after consultation with her employer, Mr K Gray, Miss Andrew opted to take any suspension a soon as possible which would be after the Levin meeting at Palmerston North on Monday 31 July.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of a 3 to 5 day suspension for a second breach of this rule within 6 months. The Committee assessed this breach as being mid-range and adopted a 4 day starting point in this case. We determined there were no aggravating factors in this case to warrant an uplift in penalty. In mitigation, we were able to afford a discount for Miss Andrew’s frank admission of the breach. This we set at 1 day. We therefore determined that an appropriate penalty was a 3 day suspension.


penalty:

Miss Andrew’s Class B Licence is suspended from the conclusion of racing 31 July up to and including 9 August 2017. This suspension encompasses the meetings at Egmont on 3 August, Christchurch 5 August and Christchurch 9 August.


hearing_type: Hearing


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


Informant: Mr M Davidson – Stipendiary Steward


JockeysandTrainer: Miss H Andrew - Class B Licensed Jockey


Otherperson: Mr N McIntyre - General Manager of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: 8a076dcf60dc6fd9f91dc555d79b3af5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5a60b6327b0a4eafe6cdb6bf423381d8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/07/2017


meet_title: South Canterbury RC - 30 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: South Canterbury RC