Archive Decision

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Ashburton RC 30 August 2018 – R 7 – Chair, Mr G Clapp

ID: JCA17847

Applicant:
Mr D Wadley - Stipendiary Steward

Respondent(s):
Mr BB Hong - Class B Rider

Other Person:
Mr M Pitman - Licensed Trainer assisting Mr Hong, Mr J McLaughlin - Stipendiary Steward

Information Number:
A8185

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 30 August 2018

Meet Chair:
GClapp

Meet Committee Member 1:
TUtikere

Race Date:
2018/08/30

Race Number:
R 7

Decision:

As Mr Hong had admitted the breach the Committee found the charge proved.

Penalty:

Mr Hong’s Class (B) Apprentice licence is therefore suspended for 8 National Riding Days. This has effect from conclusion of racing on 30 August 2018 up to and including 14 September 2018.

Facts:

Following the running of Race 7, the Matt Smith Construction R65 1250, an Information was filed by Stipendiary Steward, Mr D Wadley, against Apprentice Jockey (Class B), Mr BB Hong, alleging that he used his whip excessively prior to the 100 metres when riding mount TUFF GIRL.

Mr Hong was present at the hearing of the Information and was assisted at the hearing by his employer, Licensed Trainer, Mr M Pitman. Mr Hong had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule that he was being charged with.

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” provides as follows:
Without affecting the generality of Rule 638 (3)(b) a rider maybe penalised if their whip use is outside the following guidelines:

Inside the final 600 metres of any Race, official trial or jump – out 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, with the assistance of Stipendiary Steward, Mr McLaughlin, showed the front and side on video angles at the 300-metre mark. At that point he counted Mr Hong had used his whip for 8 strikes prior to the 100 metres. 

Submissions for Penalty:

In presenting Mr Hong’s record, Mr Wadley said that Mr Hong had been fined for similar breaches of the rule at Riccarton 21/10/2017 and 28/10/2017, and that he was also suspended at Riccarton on 08/03/2018. Mr Wadley added that the Stewards considered this breach low end. He said that the JCA penalty guide recommended a 6 – 8 National riding day suspension.

Mr Pitman told the Committee that Mr Hong was an apprentice rider, and that he would be working on his actions with the whip. He said that they admitted the breach at the first instance and been honest and upfront with the Stewards. Mr Pitman said that Mr Hong had to stop using his whip in this manner.

Reasons for Penalty:

The JCA Penalty Guide starting point for a breach of this rule is a 6-8 day suspension for a third or subsequent breach of the rule. It is clear that Mr Hong had breached the Use of the Whip Guidelines from the 300 metres to the 100 metres, and that this is his fourth breach in a 12-month period. The Committee agreed with the Stewards that this was a low-range breach, but given the 3 breaches of the same rule in the past 12 months, we adopted the 8-day starting point.

In mitigation We considered Mr Hong’s early admission and being honest and up front with the Stewards. However, this penalty is mitigation inclusive. Therefore, we considered an 8 day suspension appropriate.

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: f5d07282e8edd78684a9b40bcc0f8d51


informantnumber: A8185


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/09/2018


hearing_title: Ashburton RC 30 August 2018 - R 7 - Chair, Mr G Clapp


charge:


facts:

Following the running of Race 7, the Matt Smith Construction R65 1250, an Information was filed by Stipendiary Steward, Mr D Wadley, against Apprentice Jockey (Class B), Mr BB Hong, alleging that he used his whip excessively prior to the 100 metres when riding mount TUFF GIRL.

Mr Hong was present at the hearing of the Information and was assisted at the hearing by his employer, Licensed Trainer, Mr M Pitman. Mr Hong had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule that he was being charged with.

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” provides as follows:
Without affecting the generality of Rule 638 (3)(b) a rider maybe penalised if their whip use is outside the following guidelines:

Inside the final 600 metres of any Race, official trial or jump – out 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, with the assistance of Stipendiary Steward, Mr McLaughlin, showed the front and side on video angles at the 300-metre mark. At that point he counted Mr Hong had used his whip for 8 strikes prior to the 100 metres. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hong had admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

In presenting Mr Hong’s record, Mr Wadley said that Mr Hong had been fined for similar breaches of the rule at Riccarton 21/10/2017 and 28/10/2017, and that he was also suspended at Riccarton on 08/03/2018. Mr Wadley added that the Stewards considered this breach low end. He said that the JCA penalty guide recommended a 6 – 8 National riding day suspension.

Mr Pitman told the Committee that Mr Hong was an apprentice rider, and that he would be working on his actions with the whip. He said that they admitted the breach at the first instance and been honest and upfront with the Stewards. Mr Pitman said that Mr Hong had to stop using his whip in this manner.


reasonsforpenalty:

The JCA Penalty Guide starting point for a breach of this rule is a 6-8 day suspension for a third or subsequent breach of the rule. It is clear that Mr Hong had breached the Use of the Whip Guidelines from the 300 metres to the 100 metres, and that this is his fourth breach in a 12-month period. The Committee agreed with the Stewards that this was a low-range breach, but given the 3 breaches of the same rule in the past 12 months, we adopted the 8-day starting point.

In mitigation We considered Mr Hong’s early admission and being honest and up front with the Stewards. However, this penalty is mitigation inclusive. Therefore, we considered an 8 day suspension appropriate.


penalty:

Mr Hong’s Class (B) Apprentice licence is therefore suspended for 8 National Riding Days. This has effect from conclusion of racing on 30 August 2018 up to and including 14 September 2018.


hearing_type: Hearing


Rules: 638(3)b)(ii)


Informant: Mr D Wadley - Stipendiary Steward


JockeysandTrainer: Mr BB Hong - Class B Rider


Otherperson: Mr M Pitman - Licensed Trainer assisting Mr Hong, Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5b1d8f45edb19bbda49bb217e1b437ff


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: 80bb69c0a3fd2476d2cdc08fb693c410


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2018


meet_title: Ashburton RC - 30 August 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: GClapp


meet_pm1: TUtikere


meet_pm2: none


name: Ashburton RC