Ashburton RC 19 December 2019 – R 6 – Chair, Mr S Ching
ID: JCA17415
Code:
Thoroughbred
Meet Title:
Ashburton RC - 19 December 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/12/19
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Turner is fined the sum of $300.
Facts:
Following the running of Race 6, the Valachi Downs 1400, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Class A Rider, Mr D Turner, alleging that as the rider of OUR ROSETTE in the race, used his whip in an excessive manner prior to the start.
Mr Turner was present at the hearing of the information and confirmed he admitted the breach.
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
Mr Oatham, showed a camera replay view of the area behind the starting stalls, prior to the start and when the horses were being loaded into the barrier. Mr Oatham pointed out Mr Turner, riding OUR ROSETTE, who was being very reluctant to move forward, closer to the starting stalls. He said Mr Turner struck the filly, forcefully behind the saddle with the whip, on 3 occasions. He stated that of concern was that this video coverage went to air on Trackside. Mr Oatham said that soon after the strikes were inflicted, a barrier attendant arrived and the led the filly to the gates without incident.
Mr Turner stated that the filly was awkward in the birdcage, was constantly whipping around and totally reluctant to cooperate. He said that she was good once she had a tap down the shoulder and urged forward. Mr Turner said that at the barrier OUR ROSETTE was again constantly whipping around and would not go forward despite his urgings. He said he was a little frustrated and struck the filly 3 times forcefully to encourage her to move forward.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Turner had a clear record in regard to the Whip rule since the new Whip Guidelines had been made effective on 7 October, 2019, where all penalty records, in regard to the whip, were reset. Mr Oatham stated that the JCA Penalty Guide provides a $300 fine for a first offence for excessive use of the whip and submitted that a fine at that level be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $300 fine, mitigation inclusive, for a first breach of this rule. We concluded that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $300 fine 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: e0da8220c5941e15e66303a0f98728b8
informantnumber: A11951
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/12/2019
hearing_title: Ashburton RC 19 December 2019 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Valachi Downs 1400, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Class A Rider, Mr D Turner, alleging that as the rider of OUR ROSETTE in the race, used his whip in an excessive manner prior to the start.
Mr Turner was present at the hearing of the information and confirmed he admitted the breach.
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
Mr Oatham, showed a camera replay view of the area behind the starting stalls, prior to the start and when the horses were being loaded into the barrier. Mr Oatham pointed out Mr Turner, riding OUR ROSETTE, who was being very reluctant to move forward, closer to the starting stalls. He said Mr Turner struck the filly, forcefully behind the saddle with the whip, on 3 occasions. He stated that of concern was that this video coverage went to air on Trackside. Mr Oatham said that soon after the strikes were inflicted, a barrier attendant arrived and the led the filly to the gates without incident.
Mr Turner stated that the filly was awkward in the birdcage, was constantly whipping around and totally reluctant to cooperate. He said that she was good once she had a tap down the shoulder and urged forward. Mr Turner said that at the barrier OUR ROSETTE was again constantly whipping around and would not go forward despite his urgings. He said he was a little frustrated and struck the filly 3 times forcefully to encourage her to move forward.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Turner had a clear record in regard to the Whip rule since the new Whip Guidelines had been made effective on 7 October, 2019, where all penalty records, in regard to the whip, were reset. Mr Oatham stated that the JCA Penalty Guide provides a $300 fine for a first offence for excessive use of the whip and submitted that a fine at that level be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $300 fine, mitigation inclusive, for a first breach of this rule. We concluded that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Mr Turner is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham, Chief Stipendiary Steward
JockeysandTrainer: D Turner, Licensed (Class A) Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c8755d2797053d30cbf78286af564cf4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22d81dad150f29f67c5c63c3c6e3fc34
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/12/2019
meet_title: Ashburton RC - 19 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC