Levin RC 20 December 2018 -R 2 – Chair, Mr N McCutcheon
ID: JCA17164
Code:
Thoroughbred
Meet Title:
Levin RC - 20 December 2018
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
PWilliams
Race Date:
2018/12/20
Race Number:
R 2
Decision:
As the charge was admitted it was found to be proved by the Judicial Committee.
Penalty:
Ms O’Beirne’s Apprentice Jockey’s Licence was suspended from the conclusion of racing on 22 December until the end of racing on 1 January 2019.
(Gore on 23 December 2018 was not included as Declaration of Riders for that meeting had closed).
Facts:
Following the running of Race 2 (Levin Cosmopolitan Club 1200), Information No.A12260 was filed with the Judicial Committee. It was alleged by the Informant that Ms O’Beirne the rider of BOOM BOY had used her whip excessively prior to the 100m.
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 O’Beirne said that she understood the Rule, the charge and confirmed that she admitted the breach.
Mr Goodwin showed the film replays and said that Ms O’Beirne had struck her horse with the whip 9 times prior to the 100m; he added that it appeared that Ms O’Beirne had thrown caution to the wind.
Ms O’Beirne said that the films spoke for themselves and that it was a case of misjudgement.
Mr Gray said that Ms O’Beirne did not punish her horse. He added that the Central District Apprentices were at a disadvantage due to not having a riding mentor domiciled in the area. He said that all other areas have a mentor who attend trials and race meetings and assist the apprentices. As a consequence the apprentices in this area are missing out on very important assistance and training. He said that Ms O’Beirne had made a bit of a mistake and said that it could be dealt with by way of a fine.
Submissions for Penalty:
Mr Goodwin said that the record showed that Ms O’Beirne had two previous breaches of the Rule, those being on 5.7.18 with a $300 fine being imposed and on 26.07.18 when a $500 fine was imposed. He said that as this was the third breach of the Rule in less than 12 months a term of suspension was in order.
Mr Gray reiterated the need for a riding mentor in the Central Districts and said that riders like Ms O’Beirne are not getting the necessary assistance. He said that under all the circumstances a fine would be a suitable penalty.
Ms O’Beirne said that Mr Gray had spoken on her behalf and that she had nothing further to add. She said that if a suspension was to be imposed that she would like it to commence after racing on 22 December.
Reasons for Penalty:
The film evidence was very clear in that it showed that Ms O’Beirne had hit her horse no less than 9 times prior to the 100m. Taking into account all of the submissions, the admission of the breach, Ms O’Beirne’s record and the JCA penalty guide the Committee determined that a 6-riding day suspension was a suitable end result.
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: d483a37116831c664a5b80ba51df0d97
informantnumber: A12260
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/12/2018
hearing_title: Levin RC 20 December 2018 -R 2 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 2 (Levin Cosmopolitan Club 1200), Information No.A12260 was filed with the Judicial Committee. It was alleged by the Informant that Ms O’Beirne the rider of BOOM BOY had used her whip excessively prior to the 100m.
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 O’Beirne said that she understood the Rule, the charge and confirmed that she admitted the breach.
Mr Goodwin showed the film replays and said that Ms O’Beirne had struck her horse with the whip 9 times prior to the 100m; he added that it appeared that Ms O’Beirne had thrown caution to the wind.
Ms O’Beirne said that the films spoke for themselves and that it was a case of misjudgement.
Mr Gray said that Ms O’Beirne did not punish her horse. He added that the Central District Apprentices were at a disadvantage due to not having a riding mentor domiciled in the area. He said that all other areas have a mentor who attend trials and race meetings and assist the apprentices. As a consequence the apprentices in this area are missing out on very important assistance and training. He said that Ms O’Beirne had made a bit of a mistake and said that it could be dealt with by way of a fine.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved by the Judicial Committee.
sumissionsforpenalty:
Mr Goodwin said that the record showed that Ms O’Beirne had two previous breaches of the Rule, those being on 5.7.18 with a $300 fine being imposed and on 26.07.18 when a $500 fine was imposed. He said that as this was the third breach of the Rule in less than 12 months a term of suspension was in order.
Mr Gray reiterated the need for a riding mentor in the Central Districts and said that riders like Ms O’Beirne are not getting the necessary assistance. He said that under all the circumstances a fine would be a suitable penalty.
Ms O’Beirne said that Mr Gray had spoken on her behalf and that she had nothing further to add. She said that if a suspension was to be imposed that she would like it to commence after racing on 22 December.
reasonsforpenalty:
The film evidence was very clear in that it showed that Ms O’Beirne had hit her horse no less than 9 times prior to the 100m. Taking into account all of the submissions, the admission of the breach, Ms O’Beirne’s record and the JCA penalty guide the Committee determined that a 6-riding day suspension was a suitable end result.
penalty:
Ms O’Beirne’s Apprentice Jockey’s Licence was suspended from the conclusion of racing on 22 December until the end of racing on 1 January 2019.
(Gore on 23 December 2018 was not included as Declaration of Riders for that meeting had closed).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Ms C O'Beirne - Apprentince Jockey rider of BOOM BOY
Otherperson: Mr K Gray - Trainer assisting Ms O'Beirne
PersonPresent:
Respondent:
StipendSteward:
raceid: bdfc42bf307e9497c3ee8d4178a2b372
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dcc897f00a31eb82076bd4297205ae22
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2018
meet_title: Levin RC - 20 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: levin-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: PWilliams
meet_pm2: none
name: Levin RC