Avondale JC 17 August 2016 – R 4 – Chair, Mr A Dooley
ID: JCA17817
Code:
Thoroughbred
Meet Title:
Avondale JC - 17 August 2016
Meet Chair:
ADooley
Race Date:
2016/08/17
Race Number:
R4
Decision:
As Mr Prastiyou admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Prastiyou was fined $300.
In conclusion the Committee guided Mr Prastiyou with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 4, AJC on Facebook 1400, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Williamson, alleged that Mr Prastiyou used the whip excessively on RAFA prior to the 200 metres.
Mr Prastiyou acknowledged that he understood the Rule and admitted the breach. Mr N Harris assisted Mr Prastiyou at the hearing.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
Mr Coles demonstrated on the video films that Mr Prastiyou used his whip 12 times prior to the 200 metres. He said Mr Prastiyou struck his mount every second stride with a brief pause but it was outside the guidelines.
Mr Prastiyou confirmed that he struck his mount 12 times prior to the 200 metres. He added that he agreed with Mr Coles’ assessment of the incident.
Submissions for Penalty:
Mr Williamson produced Mr Prastiyou’s record which showed no previous breach under this Rule in the last 12 months. He said that Mr Prastiyou was a young polished rider who had admitted the breach. Mr Williamson submitted a fine of no less than $300 would be appropriate.
Mr Prastiyou asked the Committee to take into account his clear record under this Rule.
Mr Harris submitted that he was encouraging Apprentice rider’s to push their mounts out using hands and heels before using the whip.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Prastiyou’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assess the number of strikes (12) was low to mid – range and the severity of strikes was low to mid - range. When reviewing the video films it was clear that Mr Prastiyou’s strikes were not forceful. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses with the last strike being a tap on RAFA’S shoulder.
The Committee did inform Mr Prastiyou that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.
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: f131f4df7916051c6ee38b2f654b07a2
informantnumber: A8504
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/08/2016
hearing_title: Avondale JC 17 August 2016 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, AJC on Facebook 1400, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Williamson, alleged that Mr Prastiyou used the whip excessively on RAFA prior to the 200 metres.
Mr Prastiyou acknowledged that he understood the Rule and admitted the breach. Mr N Harris assisted Mr Prastiyou at the hearing.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
Mr Coles demonstrated on the video films that Mr Prastiyou used his whip 12 times prior to the 200 metres. He said Mr Prastiyou struck his mount every second stride with a brief pause but it was outside the guidelines.
Mr Prastiyou confirmed that he struck his mount 12 times prior to the 200 metres. He added that he agreed with Mr Coles’ assessment of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Prastiyou admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Prastiyou’s record which showed no previous breach under this Rule in the last 12 months. He said that Mr Prastiyou was a young polished rider who had admitted the breach. Mr Williamson submitted a fine of no less than $300 would be appropriate.
Mr Prastiyou asked the Committee to take into account his clear record under this Rule.
Mr Harris submitted that he was encouraging Apprentice rider’s to push their mounts out using hands and heels before using the whip.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Prastiyou’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assess the number of strikes (12) was low to mid – range and the severity of strikes was low to mid - range. When reviewing the video films it was clear that Mr Prastiyou’s strikes were not forceful. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses with the last strike being a tap on RAFA’S shoulder.
The Committee did inform Mr Prastiyou that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.
penalty:
Accordingly, Mr Prastiyou was fined $300.
In conclusion the Committee guided Mr Prastiyou with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: Mr D Prastiyou - Apprentice Jockey
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: cd785898dc3161b8f1437bf4dd28b0d9
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: 541910b3db7fe94bad3da85f7212fc3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2016
meet_title: Avondale JC - 17 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Avondale JC