Archive Decision

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Counties RC 6 December 2017 – R 2 – Chair, Mr B Scott

ID: JCA17105

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr V Colgan - Class A Rider

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10105

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 6 December 2017

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2017/12/06

Race Number:
R2

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

This Committee granted a deferment of Mr Colgan's suspension pursuant to Rule 1106(2) until after the Ellerslie meeting on the 9th of December 2017.

This Committee accordingly orders that Mr Colgan's License to Ride in Races be suspended for a period to commence after racing on the 9th of December 2017 and conclude after racing on the 22nd of December 2017. (8 National riding days).

Facts:

Following the running of the SSANGYONG 1100 an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr V Colgan alleging that Mr Colgan used his whip excessively on his mount MONACO prior to the 100 metres.

Mr Colgan was present at the Hearing and he advised the Committee that he understood the Rule and the new Whip Guidelines and that he admitted the breach.

The Guidelines with respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide: Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 strides before striking their 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.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the Race films and he identified MONACO being ridden by Mr Colgan. He showed where Mr Colgan had used his whip 9 times between the 300 metres mark and the 100 metres mark. He said that although there were some pauses they were not for the required number of strides.

Mr Colgan agreed with the number of strikes and said he was just trying to get the best out of his horse.

Submissions for Penalty:

Mr Coles referred to Mr Colgan's record which included breaches of this Rule on the 16th of August 2017 ($300.00 fine imposed), 19th of August 2017 ($600.00 fine imposed) and 9th September 2017 (3 day suspension imposed).

He said that they happened in a short period of time and that the Stewards were looking for a penalty of suspension of Mr Colgan's Rider's Licence.

Mr Colgan did not make any submissions on penalty.

When asked by the Committee Mr Colgan said that he had commitments at Ellerslie on the 9th of December 2017 and asked for his suspension to commence after that date.

Reasons for Penalty:

The race films are clear and Mr Colgan has struck his mount 9 times prior to the 100 metres mark without the required respite. That is an aggravating feature in itself but of more concern to the Committee is that this is Mr Colgan's 4th breach of this Rule within a little over 3 months.

The RIU and JCA starting point penalty Guidelines as from the 1st of November 2017 provide for a starting point penalty of a suspension of Licence for 6 to 8 days for a third breach of this Rule. This is Mr Colgan's 4th breach and that is of concern to the Committee.

The starting point penalties were pointed out to Mr Colgan and further the Committee pointed out to him that Messrs Bosson and Parkes were each given a 6 day suspension for a third breach.

The Committee also pointed out to Mr Colgan that Jockey T Johnson was suspended for 8 days for a 4th breach of this Rule.

This  Committee believes that an 8 day suspension of Mr Colgan's Licence is appropriate. We also pointed out that in calculating the days we did not take into account the Waipukerau meeting on the 10th of December 2017 (Riders already declared) nor the Ellerslie meeting on the 13th of December 2017 (invited Riders only).

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: ccc52593462d84274ea79da12577954b


informantnumber: A10105


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 07/12/2017


hearing_title: Counties RC 6 December 2017 - R 2 - Chair, Mr B Scott


charge:


facts:

Following the running of the SSANGYONG 1100 an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr V Colgan alleging that Mr Colgan used his whip excessively on his mount MONACO prior to the 100 metres.

Mr Colgan was present at the Hearing and he advised the Committee that he understood the Rule and the new Whip Guidelines and that he admitted the breach.

The Guidelines with respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide: Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 strides before striking their 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.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the Race films and he identified MONACO being ridden by Mr Colgan. He showed where Mr Colgan had used his whip 9 times between the 300 metres mark and the 100 metres mark. He said that although there were some pauses they were not for the required number of strides.

Mr Colgan agreed with the number of strikes and said he was just trying to get the best out of his horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Coles referred to Mr Colgan's record which included breaches of this Rule on the 16th of August 2017 ($300.00 fine imposed), 19th of August 2017 ($600.00 fine imposed) and 9th September 2017 (3 day suspension imposed).

He said that they happened in a short period of time and that the Stewards were looking for a penalty of suspension of Mr Colgan's Rider's Licence.

Mr Colgan did not make any submissions on penalty.

When asked by the Committee Mr Colgan said that he had commitments at Ellerslie on the 9th of December 2017 and asked for his suspension to commence after that date.


reasonsforpenalty:

The race films are clear and Mr Colgan has struck his mount 9 times prior to the 100 metres mark without the required respite. That is an aggravating feature in itself but of more concern to the Committee is that this is Mr Colgan's 4th breach of this Rule within a little over 3 months.

The RIU and JCA starting point penalty Guidelines as from the 1st of November 2017 provide for a starting point penalty of a suspension of Licence for 6 to 8 days for a third breach of this Rule. This is Mr Colgan's 4th breach and that is of concern to the Committee.

The starting point penalties were pointed out to Mr Colgan and further the Committee pointed out to him that Messrs Bosson and Parkes were each given a 6 day suspension for a third breach.

The Committee also pointed out to Mr Colgan that Jockey T Johnson was suspended for 8 days for a 4th breach of this Rule.

This  Committee believes that an 8 day suspension of Mr Colgan's Licence is appropriate. We also pointed out that in calculating the days we did not take into account the Waipukerau meeting on the 10th of December 2017 (Riders already declared) nor the Ellerslie meeting on the 13th of December 2017 (invited Riders only).


penalty:

This Committee granted a deferment of Mr Colgan's suspension pursuant to Rule 1106(2) until after the Ellerslie meeting on the 9th of December 2017.

This Committee accordingly orders that Mr Colgan's License to Ride in Races be suspended for a period to commence after racing on the 9th of December 2017 and conclude after racing on the 22nd of December 2017. (8 National riding days).


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Class A Rider


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 27cb0f9527e77feb6e2bff47f1a69c44


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: feeb60c9029347e136d05afea525b95b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/12/2017


meet_title: Counties RC - 6 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Counties RC