Wairio JC 15 May 2016 – R 9 – Chair, Mr N Skelt
ID: JCA17709
Code:
Thoroughbred
Meet Title:
Wairio JC - 15 May 2016
Meet Chair:
NSkelt
Meet Committee Member 1:
TUtikere
Race Date:
2016/05/15
Race Number:
R 9
Decision:
As Mr Lowry admitted the breach we find the charge proved.
Penalty:
Mr Lowry was fined $350.
Facts:
Following the running of Race 9 Homestead Villa Motel and Vet South R65 Handicap an information was filled pursuant to rule 638(3)(b)(11). The informant Mr Tidmarsh alleged that Mr Lowry used his whip excessively prior to the 200 metres by striking LORD BEAVER 10 times prior to the 200 metres.
Mr Lowry acknowledged he understood the nature of the charge, the rule, and confirmed his admission of the breach.
Mr W Harnett apprentice mentor assisted Mr Lowry at the hearing.
Rule 638(3)(b)(11):
A rider shall not strike a horse with a whip or to an extent which is unnecessary, excessive or improper.
Mr McLaughlin identified on the video clips that Mr Lowry struck his mount LORD BEAVER 10 times prior to the 200 metres.
Mr Lowry told the Committee that he had made a simple error of judgement, and that he appreciated it was a bad look for the industry.
Mr Harnett advised the Committee that there was a significant difference when riding on a heavy track for a Jockey to keep his horse going, and agreed that Mr Lowry had made an error of judgement.
Submissions for Penalty:
Mr Tidmarsh produced Mr Lowry’s record which showed no previous breaches under this rule in the last 12 months.
Mr Lowry was a busy apprentice jockey, having 301 rides this season.
Mr Tidmarsh submitted that a $300.00 fine may be appropriate in this instance.
Mr Lowry had no submissions on penalty. The committee was satisfied that a monetary penalty was appropriate.
Reasons for Penalty:
The committee considered all of the submissions placed before it. The JCA Penalty Guidelines identify a $500 fine or a two day suspension starting point, of which the committee adopted a $500 fine on this occasion. In mitigation, the committee applied Mr Lowry's very good record for an apprentice with a number of rides this season and his early admission of the breach. While we note Mr Harnett's submission that the nature of the heavy track meant Mr Lowry had to race with some vigour, an aggravating factor is that Mr Lowry was clearly at the head of the field when he decided to use his whip in excess of the guidelines. This does not assist with the public perception around appropriate whip use.
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: e2810170ad9b613ef4c332204fa28577
informantnumber: A7620
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/05/2016
hearing_title: Wairio JC 15 May 2016 - R 9 - Chair, Mr N Skelt
charge:
facts:
Following the running of Race 9 Homestead Villa Motel and Vet South R65 Handicap an information was filled pursuant to rule 638(3)(b)(11). The informant Mr Tidmarsh alleged that Mr Lowry used his whip excessively prior to the 200 metres by striking LORD BEAVER 10 times prior to the 200 metres.
Mr Lowry acknowledged he understood the nature of the charge, the rule, and confirmed his admission of the breach.
Mr W Harnett apprentice mentor assisted Mr Lowry at the hearing.
Rule 638(3)(b)(11):
A rider shall not strike a horse with a whip or to an extent which is unnecessary, excessive or improper.
Mr McLaughlin identified on the video clips that Mr Lowry struck his mount LORD BEAVER 10 times prior to the 200 metres.
Mr Lowry told the Committee that he had made a simple error of judgement, and that he appreciated it was a bad look for the industry.
Mr Harnett advised the Committee that there was a significant difference when riding on a heavy track for a Jockey to keep his horse going, and agreed that Mr Lowry had made an error of judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowry admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Lowry’s record which showed no previous breaches under this rule in the last 12 months.
Mr Lowry was a busy apprentice jockey, having 301 rides this season.
Mr Tidmarsh submitted that a $300.00 fine may be appropriate in this instance.
Mr Lowry had no submissions on penalty. The committee was satisfied that a monetary penalty was appropriate.
reasonsforpenalty:
The committee considered all of the submissions placed before it. The JCA Penalty Guidelines identify a $500 fine or a two day suspension starting point, of which the committee adopted a $500 fine on this occasion. In mitigation, the committee applied Mr Lowry's very good record for an apprentice with a number of rides this season and his early admission of the breach. While we note Mr Harnett's submission that the nature of the heavy track meant Mr Lowry had to race with some vigour, an aggravating factor is that Mr Lowry was clearly at the head of the field when he decided to use his whip in excess of the guidelines. This does not assist with the public perception around appropriate whip use.
penalty:
Mr Lowry was fined $350.
hearing_type: Hearing
Rules: 638(3)(b)(11)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Apprentice Jockey
Otherperson: Mr J M McLaughlin - Stipendiary Steward, Mr W Harnett - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: a16d4f93407976abebd05b421479b521
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b9471536b0d22b224f7753b3eb7f5616
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2016
meet_title: Wairio JC - 15 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-jc
meet_racingtype: thoroughbred-racing
meet_chair: NSkelt
meet_pm1: TUtikere
meet_pm2: none
name: Wairio JC