Canterbury JC 15 February 2018 – R 2 – Chair, Mr S Ching
ID: JCA17848
Code:
Thoroughbred
Meet Title:
Canterbury JC - 15 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/02/15
Race Number:
R 2
Decision:
Mr Jogoo having admitted the breach; the charge was found proved.
Penalty:
Mr Jogoo’s Class B licence is suspended from the conclusion of racing 17 February up to and including 1 March 2018.
Facts:
Following the running of Race 2, the Hughes Racing Stables Rating 85, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr G Jogoo, alleging that he used his whip excessively on his mount WHISPERING prior to the 100m.
Mr Jogoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Jogoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule 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” 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 Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, showed video replays of the final 300-400 metres of the race. He pointed out Mr Jogoo riding WHISPERING, in a challenging position approximately 3 off the rail. Mr Oatham showed that inside the 400m, Mr Jogoo drew the whip and struck WHISPERING 4 times before going back to push for 2 strides, then drawing the whip again and striking the horse 3 times followed by another 2 pushes, and thereafter strike the horse 3 more times before the 100m. He said the total strikes were 10, but the pauses were insufficient under the Guidelines and that was the reason Mr Jogoo was being charged.
Mr Walsh stated that it was a clear-cut breach of the whip rule.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Jogoo’s penalty record showed 2 previous breaches of this rule, both at Riccarton on 20 January 2018, where he received a $350 fine and a $500 fine. He said the JCA Penalty Guide provides for a 6 to 8 National day suspension for a third and subsequent breach of this rule within a 12-month period. Mr Davidson submitted that a 6 to 8 National day suspension be considered as penalty in this case.
Mr Jogoo elected to make no submissions on penalty but asked that any suspension begin as soon as possible after the meeting at Invercargill on Saturday 17 February where the riders were already declared.
Reasons for Penalty:
The JCA Penalty Guide provides a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule with a 12-month period. The Committee determined that this breach was mid-range and therefore adopted a 7-day starting point. As there were no aggravating factors to consider, therefore no uplift in penalty was required. Mitigation is inclusive of this starting point therefore we determined that a 7 National day suspension 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: f5fe9b9b51bd9d93241f22bac353a394
informantnumber: A7722
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2018
hearing_title: Canterbury JC 15 February 2018 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Hughes Racing Stables Rating 85, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr G Jogoo, alleging that he used his whip excessively on his mount WHISPERING prior to the 100m.
Mr Jogoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Jogoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule 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” 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 Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, showed video replays of the final 300-400 metres of the race. He pointed out Mr Jogoo riding WHISPERING, in a challenging position approximately 3 off the rail. Mr Oatham showed that inside the 400m, Mr Jogoo drew the whip and struck WHISPERING 4 times before going back to push for 2 strides, then drawing the whip again and striking the horse 3 times followed by another 2 pushes, and thereafter strike the horse 3 more times before the 100m. He said the total strikes were 10, but the pauses were insufficient under the Guidelines and that was the reason Mr Jogoo was being charged.
Mr Walsh stated that it was a clear-cut breach of the whip rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Jogoo having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Jogoo’s penalty record showed 2 previous breaches of this rule, both at Riccarton on 20 January 2018, where he received a $350 fine and a $500 fine. He said the JCA Penalty Guide provides for a 6 to 8 National day suspension for a third and subsequent breach of this rule within a 12-month period. Mr Davidson submitted that a 6 to 8 National day suspension be considered as penalty in this case.
Mr Jogoo elected to make no submissions on penalty but asked that any suspension begin as soon as possible after the meeting at Invercargill on Saturday 17 February where the riders were already declared.
reasonsforpenalty:
The JCA Penalty Guide provides a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule with a 12-month period. The Committee determined that this breach was mid-range and therefore adopted a 7-day starting point. As there were no aggravating factors to consider, therefore no uplift in penalty was required. Mitigation is inclusive of this starting point therefore we determined that a 7 National day suspension was an appropriate penalty in this case.
penalty:
Mr Jogoo’s Class B licence is suspended from the conclusion of racing 17 February up to and including 1 March 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr G Jogoo - Licensed Apprentice Jockey (Class B)
Otherperson: Mr D Walsh - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bc6d8bb3a6e1da2438da0e59058ae5fb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1f33a72f7c4026463b6e42fcf3d74289
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2018
meet_title: Canterbury JC - 15 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury JC