Matamata RC 8 May 2019 – R 7 – Chair, Mr A Dooley
ID: JCA17865
Code:
Thoroughbred
Meet Title:
Matamata RC - 8 May 2019
Meet Chair:
ADooley
Race Date:
2019/05/08
Race Number:
R7
Decision:
As Ms Burdan admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Burdan was fined $300.
In conclusion the Committee advised Ms Burdan the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
Facts:
Following the running of race 7, Murray Wilcox Ltd 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms Burdan used the whip excessively prior to the 100 metres.
Ms Burdan said that she understood the Rule and confirmed she admitted the breach.
Mr Harris assisted Ms Burdan at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Ms Burdan and showed that she used her whip on 11 occasions from the 400 metres until the 100 metres. He said there were some pauses with the whip but not for the required 5 strides.
Ms Burdan accepted that she used her whip on 11 occasions prior to the 100 metres. She said that she got carried away when leading the field.
Mr Harris said that Ms Burdan has had limited riding experience and she was excited that she won the race.
Submissions for Penalty:
Mr Jones said that Ms Burdan had a clear record under this Rule and submitted that a fine in the vicinity of $300 would be appropriate. He said the strikes were not forceful.
Ms Burdan made no submissions on penalty.
Mr Harris submitted that Ms Burdan would learn from today’s breach.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
The films confirmed that the strikes were not forceful and there were some pauses between the strikes but not for the minimum 5 strides.
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: f7488ae6e2413617ead2e87fa534a9fd
informantnumber: A11100
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/05/2019
hearing_title: Matamata RC 8 May 2019 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Murray Wilcox Ltd 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms Burdan used the whip excessively prior to the 100 metres.
Ms Burdan said that she understood the Rule and confirmed she admitted the breach.
Mr Harris assisted Ms Burdan at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Ms Burdan and showed that she used her whip on 11 occasions from the 400 metres until the 100 metres. He said there were some pauses with the whip but not for the required 5 strides.
Ms Burdan accepted that she used her whip on 11 occasions prior to the 100 metres. She said that she got carried away when leading the field.
Mr Harris said that Ms Burdan has had limited riding experience and she was excited that she won the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Burdan admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Ms Burdan had a clear record under this Rule and submitted that a fine in the vicinity of $300 would be appropriate. He said the strikes were not forceful.
Ms Burdan made no submissions on penalty.
Mr Harris submitted that Ms Burdan would learn from today’s breach.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
The films confirmed that the strikes were not forceful and there were some pauses between the strikes but not for the minimum 5 strides.
penalty:
Accordingly, Ms Burdan was fined $300.
In conclusion the Committee advised Ms Burdan the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Ms C Burdan - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 64847e5b862f32b3f11f27d1c3af70a6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 676060677ec3f70e58e38ae81db61c95
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/05/2019
meet_title: Matamata RC - 8 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Matamata RC