Archive Decision

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Taupo RC 30 December 2018 – R 7 – Chair, Mr N McCutcheon

ID: JCA17016

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms T Thornton - Licensed Jockey rider of HE'S CAVALIER

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11257

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taupo RC - 30 December 2018

Meet Chair:
NMcCutcheon

Race Date:
2018/12/30

Race Number:
R 7

Decision:

As the charge was admitted it was found to be proved by the Committee.

Penalty:

Ms Thornton’s Jockey’s Licence was suspended from 13 January 2019 up to the close of racing on 23 January 2019.

Facts:

Following the running of Race 7 (Harcourts Taupo Cup), Information No. A11257 was filed with the Judicial Committee. It was alleged by Mr Coles that Ms Thornton failed to comply with the guidelines with regard to acceptable use of the whip in respect to the number of strikes prior to the 100m and using the whip with the arm above the shoulder on her mount HE’S CAVALIER.

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

Ms Thornton acknowledged by a nod of the head in the affirmative that she understood the Rule and that she admitted the breach.

Mr Oatham showed all film replays and said that up until the 100m Ms Thornton had only given 4-stride pauses between the whip strikes and not the 5 that is required. He said that some of the whip action was above shoulder height and applied with force. Mr Oatham concluded by saying that the whip use was clearly outside the guidelines.

Ms Thornton when invited to respond by the Chairman had nothing to say.

Submissions for Penalty:

Mr Coles said that the record showed that on 20.01.18 Ms Thornton was fined $600 and on 6.02.18 she was suspended for 4 days and fined $750. On 29.12.18 Ms Thornton was suspended for 8 riding days. He said that all of those penalties were for excessive use of the whip. He submitted that a term of suspension was an appropriate penalty.

Ms Thornton had nothing to say.

Reasons for Penalty:

The film evidence was crystal clear in showing that from when Ms Thornton commenced to use the whip in the home-straight the 5 stride pauses were not given. It was also clear that she used the whip with force and at times her whip arm was above shoulder height.

The Committee took into account the following matters when considering penalty:

• The admittance of the breach
• The unenviable record
• The manner the whip was used
• The force applied
• Public perception
• Animal welfare
• The JCA Penalty Guidelines

After giving due consideration to all of those matters it was determined than an 8 riding-day suspension was a suitable end result.

Decision Date: 01/01/2019

Publish Date: 01/01/2019

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: c22813af14b7e8699bf43b8785ed8091


informantnumber: A11257


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 01/01/2019


hearing_title: Taupo RC 30 December 2018 - R 7 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 7 (Harcourts Taupo Cup), Information No. A11257 was filed with the Judicial Committee. It was alleged by Mr Coles that Ms Thornton failed to comply with the guidelines with regard to acceptable use of the whip in respect to the number of strikes prior to the 100m and using the whip with the arm above the shoulder on her mount HE’S CAVALIER.

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

Ms Thornton acknowledged by a nod of the head in the affirmative that she understood the Rule and that she admitted the breach.

Mr Oatham showed all film replays and said that up until the 100m Ms Thornton had only given 4-stride pauses between the whip strikes and not the 5 that is required. He said that some of the whip action was above shoulder height and applied with force. Mr Oatham concluded by saying that the whip use was clearly outside the guidelines.

Ms Thornton when invited to respond by the Chairman had nothing to say.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved by the Committee.


sumissionsforpenalty:

Mr Coles said that the record showed that on 20.01.18 Ms Thornton was fined $600 and on 6.02.18 she was suspended for 4 days and fined $750. On 29.12.18 Ms Thornton was suspended for 8 riding days. He said that all of those penalties were for excessive use of the whip. He submitted that a term of suspension was an appropriate penalty.

Ms Thornton had nothing to say.


reasonsforpenalty:

The film evidence was crystal clear in showing that from when Ms Thornton commenced to use the whip in the home-straight the 5 stride pauses were not given. It was also clear that she used the whip with force and at times her whip arm was above shoulder height.

The Committee took into account the following matters when considering penalty:

• The admittance of the breach
• The unenviable record
• The manner the whip was used
• The force applied
• Public perception
• Animal welfare
• The JCA Penalty Guidelines

After giving due consideration to all of those matters it was determined than an 8 riding-day suspension was a suitable end result.


penalty:

Ms Thornton’s Jockey’s Licence was suspended from 13 January 2019 up to the close of racing on 23 January 2019.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms T Thornton - Licensed Jockey rider of HE'S CAVALIER


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3598e0c81e939cf66e2d4645ab66a8dc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: daaa16ab1b3c6e3606fd52a42684c6fe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2018


meet_title: Taupo RC - 30 December 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taupo-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Taupo RC