Canterbury R 31 May 2019 – R 1 – Chair, Mr S Ching
ID: JCA17126
Code:
Thoroughbred
Meet Title:
Canterbury JC - 31 May 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/05/31
Race Number:
R1
Decision:
Miss Fawcett having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Miss Fawcett is fined the sum of $500.
Facts:
Following the running of Race 1, the Club-Membership Now Open Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss J Fawcett, alleging that, as the rider of ACRE in the race, “used her whip excessively prior to the 100m.”
Miss Fawcett was present at the hearing of the information and confirmed to the Committee that the breach was admitted. She also confirmed that she understood the rule she was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Fawcett at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The NZTR Guidelines with respect to acceptable use of the whip includes the following;
It will also be deemed to be unacceptable where a rider uses the drawn whip:
-When a horse is out of contention.
-When a horse is showing no response.
Mr McLaughlin, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Miss Fawcett riding ACRE, who was racing in a 2 off, 2 back position after entering the home straight inside the 400m. Mr Davidson showed Miss Fawcett draw the whip and use it on 10 occasions with only brief pauses prior to the 100m which was contrary to the Whip Guidelines.
Miss Fawcett stated that the gelding had raced 34 times previously and she was trying to give the horse every opportunity. Mr Walsh stated that the long straight at Riccarton was a trap for riders who do not ride at the course that often.
Submissions for Penalty:
Mr McLaughlin told the Committee that Miss Fawcett’s record showed a breach of this rule on 23 April 2019 at Counties Racing where she received a first offence fine of $300. He said the JCA Penalty Guide provides a $500 fine for a second offence within a 12-month period. Mr McLaughlin stated that there were no aggravating factors to consider and submitted that a fine of $500, as per the Penalty Guide, be considered as penalty.
Miss Fawcett elected to make no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, mitigation inclusive, for a second breach of this Rule within a 12-month period. This Committee agreed with Mr McLaughlin, that there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking all factors into consideration we determined that a fine of $500 was an appropriate penalty in this case.
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: cfe5211d6b43573edd86ed322f1a9a2e
informantnumber: A11456
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2019
hearing_title: Canterbury R 31 May 2019 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Club-Membership Now Open Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss J Fawcett, alleging that, as the rider of ACRE in the race, “used her whip excessively prior to the 100m.”
Miss Fawcett was present at the hearing of the information and confirmed to the Committee that the breach was admitted. She also confirmed that she understood the rule she was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Fawcett at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The NZTR Guidelines with respect to acceptable use of the whip includes the following;
It will also be deemed to be unacceptable where a rider uses the drawn whip:
-When a horse is out of contention.
-When a horse is showing no response.
Mr McLaughlin, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Miss Fawcett riding ACRE, who was racing in a 2 off, 2 back position after entering the home straight inside the 400m. Mr Davidson showed Miss Fawcett draw the whip and use it on 10 occasions with only brief pauses prior to the 100m which was contrary to the Whip Guidelines.
Miss Fawcett stated that the gelding had raced 34 times previously and she was trying to give the horse every opportunity. Mr Walsh stated that the long straight at Riccarton was a trap for riders who do not ride at the course that often.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Fawcett having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Miss Fawcett’s record showed a breach of this rule on 23 April 2019 at Counties Racing where she received a first offence fine of $300. He said the JCA Penalty Guide provides a $500 fine for a second offence within a 12-month period. Mr McLaughlin stated that there were no aggravating factors to consider and submitted that a fine of $500, as per the Penalty Guide, be considered as penalty.
Miss Fawcett elected to make no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, mitigation inclusive, for a second breach of this Rule within a 12-month period. This Committee agreed with Mr McLaughlin, that there were no aggravating factors to consider, therefore no uplift in penalty warranted. Taking all factors into consideration we determined that a fine of $500 was an appropriate penalty in this case.
penalty:
Accordingly, Miss Fawcett is fined the sum of $500.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: J Fawcett-Licensed Apprentice Jockey (Class B)
Otherperson: Mr D Walsh - NZTR Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b9738fc96970255badf3498cc7702aae
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: b716c8dee01a54f8fddfed527af97b80
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2019
meet_title: Canterbury JC - 31 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Canterbury JC