Westland RC 14 January 2020 – R 4 – Chair, Mr S Ching
ID: JCA17680
Code:
Thoroughbred
Meet Title:
Westland RC - 14 January 2020
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/01/14
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Mr Laking is fined the sum of $300.
Facts:
Following the running of Race 4 an information was filed by Stipendiary Steward, Mr D Wadley, against Licensed Class A Rider, Mr J Laking, alleging that as the rider of BLAIR FLIGHT in the race, used his whip excessively prior to the 100m.
Mr Laking 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Without affecting the generality of Rule 638(3)(b) a rider 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 drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the 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.
Mr Wadley gave evidence with the assistance of Chief Stipendiary Steward, Mr J Oatham, who demonstrated the films which showed Mr Laking, riding BLAIR FLIGHT, as the lead horse inside the 400m. He pointed out Mr Laking who drew the whip near the 300m and used it on 8 to 9 occasions prior to the 100m. Mr Oatham added that there were several consecutive strikes within the 8 to 9 strikes imposed.
Mr Laking did not dispute the number of strikes and conceded that there were several consecutive strikes included.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Laking had a clear record in regard to the Whip rule. 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: def29d6ea24057783aa746f0012054d1
informantnumber: A11469
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/01/2020
hearing_title: Westland RC 14 January 2020 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4 an information was filed by Stipendiary Steward, Mr D Wadley, against Licensed Class A Rider, Mr J Laking, alleging that as the rider of BLAIR FLIGHT in the race, used his whip excessively prior to the 100m.
Mr Laking 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Without affecting the generality of Rule 638(3)(b) a rider 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 drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the 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.
Mr Wadley gave evidence with the assistance of Chief Stipendiary Steward, Mr J Oatham, who demonstrated the films which showed Mr Laking, riding BLAIR FLIGHT, as the lead horse inside the 400m. He pointed out Mr Laking who drew the whip near the 300m and used it on 8 to 9 occasions prior to the 100m. Mr Oatham added that there were several consecutive strikes within the 8 to 9 strikes imposed.
Mr Laking did not dispute the number of strikes and conceded that there were several consecutive strikes included.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Laking had a clear record in regard to the Whip rule. 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 Laking is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: D Wadley Stipendiary Steward
JockeysandTrainer: J Laking, Licensed (Class A) Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 41e568e513f1ce1a7e885150da5c0321
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8957d8f7dcc49c50446af93f68026583
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/01/2020
meet_title: Westland RC - 14 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Westland RC