Archive Decision

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Waipukurau JC 8 November 2020 – R 6 – Chair, Mrs N Moffatt

ID: JCA17049

Applicant:
Mr N Goodwin - Senior Stipendiary Steward

Respondent(s):
Mr S O'Malley - Apprentice Jockey

Other Person:
Ms S Clapperton - Central District Mentor assisting Mr O'Malley

Information Number:
A12338

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipukurau JC - 8 November 2020

Meet Chair:
NMoffatt

Race Date:
2020/11/08

Race Number:
R 6

Decision:

As Mr O’Malley admitted the breach, the charge was deemed proved.

Penalty:

Taking into account all matters the Committee fined Mr O’Malley the sum of $500.

Facts:

Following Race 6, Stipendiary Steward, Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that S O’Malley used the whip excessively prior to the 100 metres.

At the outset of the hearing, Mr O’Malley confirmed he understood the Rule and that he admitted the breach. Ms Clapperton was with Mr O’Malley as the Central Districts Apprentice mentor.

Mr Goodwin played the videos from the home bend. Mr O’Malley used his whip 8 times prior to the 100 metre mark and went on to win the race.

Mr O’Malley was satisfied that the number of strikes as counted by the Stewards was accurate.

Submissions for Penalty:

Mr Goodwin said this was Mr O’Malley’s second breach of the whip Rule since all riders’ records were reset with the implementation of the new guidelines in October 2019. His last charge was in July this year.

Although Mr O’Malley won the race the Stewards were of the opinion he would have done so regardless of the extra strikes.

Mr O’Malley said as soon as went past the winning post he suspected he had breached the whip guidelines.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - suspension

The Committee considered all submissions. Mr O’Malley was 3-over the well established guidelines. Winning the race is not an excuse to overuse the whip and the Committee reminded him that any further breaches will be met with harsher penalties, likely suspension.

Mr O’Malley won the race comfortably and the Committee is satisfied he would have done so had he ridden within the whip guidlines. If the margin had been closer however an uplift would have been applied.

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: c69e3a46ca7dae9d9dfda56fe67bbbc9


informantnumber: A12338


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/11/2020


hearing_title: Waipukurau JC 8 November 2020 - R 6 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 6, Stipendiary Steward, Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that S O’Malley used the whip excessively prior to the 100 metres.

At the outset of the hearing, Mr O’Malley confirmed he understood the Rule and that he admitted the breach. Ms Clapperton was with Mr O’Malley as the Central Districts Apprentice mentor.

Mr Goodwin played the videos from the home bend. Mr O’Malley used his whip 8 times prior to the 100 metre mark and went on to win the race.

Mr O’Malley was satisfied that the number of strikes as counted by the Stewards was accurate.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr O’Malley admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

Mr Goodwin said this was Mr O’Malley’s second breach of the whip Rule since all riders’ records were reset with the implementation of the new guidelines in October 2019. His last charge was in July this year.

Although Mr O’Malley won the race the Stewards were of the opinion he would have done so regardless of the extra strikes.

Mr O’Malley said as soon as went past the winning post he suspected he had breached the whip guidelines.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - suspension

The Committee considered all submissions. Mr O’Malley was 3-over the well established guidelines. Winning the race is not an excuse to overuse the whip and the Committee reminded him that any further breaches will be met with harsher penalties, likely suspension.

Mr O’Malley won the race comfortably and the Committee is satisfied he would have done so had he ridden within the whip guidlines. If the margin had been closer however an uplift would have been applied.


penalty:

Taking into account all matters the Committee fined Mr O’Malley the sum of $500.


hearing_type: Hearing


Rules: 638(3)(ii)


Informant: Mr N Goodwin - Senior Stipendiary Steward


JockeysandTrainer: Mr S O'Malley - Apprentice Jockey


Otherperson: Ms S Clapperton - Central District Mentor assisting Mr O'Malley


PersonPresent:


Respondent:


StipendSteward:


raceid: b30e8b640741c97f1dffb4e4567464b7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7a676ad85493641569cb7faab8b9afdb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2020


meet_title: Waipukurau JC - 8 November 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipukurau-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: none


meet_pm2: none


name: Waipukurau JC