Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

R Tauranga 23 March 2019 – R 7 – Chair, Mr A Godsalve

ID: JCA17187

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr D Mansour - class A Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A11084

Hearing Type:
Hearing

New Charge:
Uses whip excessively

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 23 March 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2019/03/23

Race Number:
R 7

Decision:

As Mr Mansour has admitted the breach we find the charge to be proved.

Penalty:

Accordingly the Committee imposed a fine of $600 on Mr Mansour.

Facts:

Following the running of Race 7, the Windsor Park Stud Japan NZ International Trophy (Group 2) an Information was presented by Mr Williamson in which he alleged that Mr Mansour ' used his whip excessively when riding ENDLESS DRAMA prior to the 100 metres'.

Mr Mansour was present at the hearing and acknowledged that:

(a) He understood the Rule, and that

(b) He admitted the breach.

Rule 638(3)(b)(ii) states 'A Rider shall not strike a horse in a manner or to an extent which is excessive'.

Using the films Mr Coles identified the horse ENDLESS DRAMA, ridden by Mr Mansour, prior to the 100 metres marker. Mr Coles pointed out that Mr Mansour had struck ENDLESS DRAMA with his whip between 9-10 times without the required respite.

Mr Mansour acknowledged that he accepted the number of strikes referred to and added that as the race was a Group 2 event he had not concentrated on following the guidelines in respect of using his whip prior to the 100 metres. He added that ENDLESS DRAMA had also been laying in which required his attention and further caused him to lose concentration regarding his whip use. ENDLESS DRAMA had finished 4th in the race after challenging for the lead half way up the straight.

Submissions for Penalty:

Mr Williamson referred to Mr Mansour's riding record and advised the Committee that he had breached this Rule on 11 August 2018 when fined $300. This had been in only his 2nd ride in New Zealand. He referred to the JCA Penalty Guide which calls for a starting point of a fine of $500 where a rider has previously breached the Rule in the past 12 month period.

Mr Mansour had nothing to say about his pending penalty.

Reasons for Penalty:

The Committee viewed the films of the incident and determined that while the number of strikes without the necessary respite was excessive, the force used was not.

We took note of Mr Mansour's admission of the breach and his record. The starting point of $500 called for by the JCA Penalty Guide requires an upgrade where a Group race is involved as 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: e68fbd36333090e68f77da9149407b70


informantnumber: A11084


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Uses whip excessively


plea: admitted


penaltyrequired: 1


decisiondate: 24/03/2019


hearing_title: R Tauranga 23 March 2019 - R 7 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 7, the Windsor Park Stud Japan NZ International Trophy (Group 2) an Information was presented by Mr Williamson in which he alleged that Mr Mansour ' used his whip excessively when riding ENDLESS DRAMA prior to the 100 metres'.

Mr Mansour was present at the hearing and acknowledged that:

(a) He understood the Rule, and that

(b) He admitted the breach.

Rule 638(3)(b)(ii) states 'A Rider shall not strike a horse in a manner or to an extent which is excessive'.

Using the films Mr Coles identified the horse ENDLESS DRAMA, ridden by Mr Mansour, prior to the 100 metres marker. Mr Coles pointed out that Mr Mansour had struck ENDLESS DRAMA with his whip between 9-10 times without the required respite.

Mr Mansour acknowledged that he accepted the number of strikes referred to and added that as the race was a Group 2 event he had not concentrated on following the guidelines in respect of using his whip prior to the 100 metres. He added that ENDLESS DRAMA had also been laying in which required his attention and further caused him to lose concentration regarding his whip use. ENDLESS DRAMA had finished 4th in the race after challenging for the lead half way up the straight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mansour has admitted the breach we find the charge to be proved.


sumissionsforpenalty:

Mr Williamson referred to Mr Mansour's riding record and advised the Committee that he had breached this Rule on 11 August 2018 when fined $300. This had been in only his 2nd ride in New Zealand. He referred to the JCA Penalty Guide which calls for a starting point of a fine of $500 where a rider has previously breached the Rule in the past 12 month period.

Mr Mansour had nothing to say about his pending penalty.


reasonsforpenalty:

The Committee viewed the films of the incident and determined that while the number of strikes without the necessary respite was excessive, the force used was not.

We took note of Mr Mansour's admission of the breach and his record. The starting point of $500 called for by the JCA Penalty Guide requires an upgrade where a Group race is involved as in this case.


penalty:

Accordingly the Committee imposed a fine of $600 on Mr Mansour.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr D Mansour - class A Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9391b640610cfc92e49eb38cb6cab45e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d6b4aa3ee4227c35404a180707351971


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/03/2019


meet_title: Racing Tauranga - 23 March 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Racing Tauranga