Archive Decision

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Whangarei RC 31 August 2019 – R 1 – Chair, Mr A Dooley

ID: JCA17066

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M Hashizume - Apprentice Rider

Other Person:
Mr G Cooksley - Trainer / Jockey assisting Mr Hashizume, Mr B Jones - Stipendiary Steward

Information Number:
A11330

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 31 August 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/08/31

Race Number:
R1

Decision:

As Mr Hashizume admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Hashizume was fined $500.

In conclusion the Committee advised Mr Hashizume that a 3rd breach of this Rule starting point is a suspension of 6 to 8 days and the reset period for his excessive whip record is 12 months.

Facts:

Following the running of race 1, Michael Pereira supporting North Haven Hospice, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Hashizume used the whip excessively prior to the 100 metres when riding HE’S CAVALIER.

Mr Hashizume said that he understood the Rule and confirmed his admission of the breach.

Mr Cooksley assisted Mr Hashizume at the hearing.

Rule 638(3)(b)(ii) 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” provides:

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.

Mr Jones demonstrated the incident using the available video footage. He identified Mr Hashizume and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there were pauses with the whip but not for the required 5 strides.

Mr Hashizume accepted Mr Jones’ interpretation of the incident and had nothing to add.

Submissions for Penalty:

Mr Williamson said that Mr Hashizume breached this Rule on 14 April 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine. He added that Mr Hashizume needs to curb his enthusiasm and noted that his mount was weakening.

Mr Hashizume and Mr Cooksley had no submissions on penalty.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which we adopted. This fine includes an admission of the breach.

When reviewing the video footage the Committee found that the 9 strikes were neither continuous nor forceful.

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: c8e8a0d622cca72c11d383e99d485d07


informantnumber: A11330


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 01/09/2019


hearing_title: Whangarei RC 31 August 2019 - R 1 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 1, Michael Pereira supporting North Haven Hospice, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Hashizume used the whip excessively prior to the 100 metres when riding HE’S CAVALIER.

Mr Hashizume said that he understood the Rule and confirmed his admission of the breach.

Mr Cooksley assisted Mr Hashizume at the hearing.

Rule 638(3)(b)(ii) 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” provides:

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.

Mr Jones demonstrated the incident using the available video footage. He identified Mr Hashizume and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there were pauses with the whip but not for the required 5 strides.

Mr Hashizume accepted Mr Jones’ interpretation of the incident and had nothing to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hashizume admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mr Hashizume breached this Rule on 14 April 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine. He added that Mr Hashizume needs to curb his enthusiasm and noted that his mount was weakening.

Mr Hashizume and Mr Cooksley had no submissions on penalty.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which we adopted. This fine includes an admission of the breach.

When reviewing the video footage the Committee found that the 9 strikes were neither continuous nor forceful.


penalty:

Accordingly, Mr Hashizume was fined $500.

In conclusion the Committee advised Mr Hashizume that a 3rd breach of this Rule starting point is a suspension of 6 to 8 days and the reset period for his excessive whip record is 12 months.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M Hashizume - Apprentice Rider


Otherperson: Mr G Cooksley - Trainer / Jockey assisting Mr Hashizume, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: cc6ce5f02828b513c729ebf75fad1a3f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 61f88c5de5fe27d53c1493f7afee3f9b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/08/2019


meet_title: Whangarei RC - 31 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Whangarei RC