Canterbury R 16 November 2019 – R 9 – Chair, Mr R McKenzie
ID: JCA17957
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 16 November 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/11/16
Race Number:
R9
Decision:
Ms Wynne having admitted the breach, the charge was found proved.
Penalty:
Ms Wynne’s Jockey’s Licence (Class A) is suspended for a period commencing on 9 December 2019 and ending on 21 December 2019, both dates inclusive – 10 national riding days.
Facts:
Following the running of Race 9, Christchurch Casino 156th New Zealand Cup (Group 3), an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Ms S L Wynne, alleging that Ms Wynne, as the rider of DIORISSIMO in the race, she “used her whip excessively prior to the 100 metres”.
Ms Wynne was present at the hearing of the information and she indicated that she admitted the breach.
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 Use of the Whip Guidelines 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:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Stipendiary Steward, Mr M R Davidson, had Manager of Stewards, Mr N G McIntyre, show video replays of the final stages of the race. He pointed out Ms Wynne riding DIORISSIMO, getting into the clear nearing the 300 metres. It was the Stewards’ allegation that, from that point, Ms Wynne had used her whip on 13 occasions, the last 5 being in consecutive strides, prior to the 100 metres. This was well in excess of the permitted 5, Mr McIntyre said.
The Committee noted that DIORISSIMO finished in 4th placing.
Ms Wynne said that, in the case of the last five strikes being consecutive, she had mistaken the 100 metres mark and believed that she was inside the 100 metres. Her view had been obscured by the horse on her inside. The rider of that horse, GORBACHEV (R T Elliot) had been using his whip, so she assumed that they were inside the 100 metres, Ms Wynne said.
Submissions for Penalty:
Mr Davidson referred the Committee to the new penalty guidelines for excessive use of the whip. The starting point in a Group or Feature race, for a number of strikes exceeding 9, as was the case here, is a 6-days suspension plus a fine at the Committee’s discretion up to the rider’s percentage of the prize money (where applicable).
This was Ms Wynne’s first breach of the new guidelines but it was a significant one, Mr Davidson said.
Mr Davidson pointed out that any term of suspension would need to commence on 9 December 2019, as Ms Wynne was already subject to two suspensions ending on 8 December.
Ms Wynne said that there was little that she could say as far as penalty was concerned.
Reasons for Penalty:
The Committee had regard to the Penalty Guidelines (effective 7.10.19) which prescribe a starting point, where the breach occurs in a Group or Feature race and the number of strikes is 4 or more than the permitted 5, the starting point is a 6-days suspension. We do not consider a fine to be appropriate in this case.
The aggravating factors in this case are, firstly, that the number of strikes (13) is well above the permitted number of 5 and, secondly, that the last 5 of those 13 strikes were on consecutive strides. Ms Wynne has therefore, breached the guidelines in two respects – the number of strikes and the prohibition against using the whip on consecutive strides. It is a quite serious breach, in the Committee’s view, and it is difficult to find any redeeming features. The factors we have just mentioned are certainly aggravating factors and, for those factors, we uplift the starting point to a 10-days suspension.
Notwithstanding Ms Wynne’s admission of the breach and her clear record, the Committee is unable to give her any discount for those factors.
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: dc92c0f35349fff8fc6d912e63166b74
informantnumber: A11546
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/11/2019
hearing_title: Canterbury R 16 November 2019 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Christchurch Casino 156th New Zealand Cup (Group 3), an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Ms S L Wynne, alleging that Ms Wynne, as the rider of DIORISSIMO in the race, she “used her whip excessively prior to the 100 metres”.
Ms Wynne was present at the hearing of the information and she indicated that she admitted the breach.
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 Use of the Whip Guidelines 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:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Stipendiary Steward, Mr M R Davidson, had Manager of Stewards, Mr N G McIntyre, show video replays of the final stages of the race. He pointed out Ms Wynne riding DIORISSIMO, getting into the clear nearing the 300 metres. It was the Stewards’ allegation that, from that point, Ms Wynne had used her whip on 13 occasions, the last 5 being in consecutive strides, prior to the 100 metres. This was well in excess of the permitted 5, Mr McIntyre said.
The Committee noted that DIORISSIMO finished in 4th placing.
Ms Wynne said that, in the case of the last five strikes being consecutive, she had mistaken the 100 metres mark and believed that she was inside the 100 metres. Her view had been obscured by the horse on her inside. The rider of that horse, GORBACHEV (R T Elliot) had been using his whip, so she assumed that they were inside the 100 metres, Ms Wynne said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wynne having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson referred the Committee to the new penalty guidelines for excessive use of the whip. The starting point in a Group or Feature race, for a number of strikes exceeding 9, as was the case here, is a 6-days suspension plus a fine at the Committee’s discretion up to the rider’s percentage of the prize money (where applicable).
This was Ms Wynne’s first breach of the new guidelines but it was a significant one, Mr Davidson said.
Mr Davidson pointed out that any term of suspension would need to commence on 9 December 2019, as Ms Wynne was already subject to two suspensions ending on 8 December.
Ms Wynne said that there was little that she could say as far as penalty was concerned.
reasonsforpenalty:
The Committee had regard to the Penalty Guidelines (effective 7.10.19) which prescribe a starting point, where the breach occurs in a Group or Feature race and the number of strikes is 4 or more than the permitted 5, the starting point is a 6-days suspension. We do not consider a fine to be appropriate in this case.
The aggravating factors in this case are, firstly, that the number of strikes (13) is well above the permitted number of 5 and, secondly, that the last 5 of those 13 strikes were on consecutive strides. Ms Wynne has therefore, breached the guidelines in two respects – the number of strikes and the prohibition against using the whip on consecutive strides. It is a quite serious breach, in the Committee’s view, and it is difficult to find any redeeming features. The factors we have just mentioned are certainly aggravating factors and, for those factors, we uplift the starting point to a 10-days suspension.
Notwithstanding Ms Wynne’s admission of the breach and her clear record, the Committee is unable to give her any discount for those factors.
penalty:
Ms Wynne’s Jockey’s Licence (Class A) is suspended for a period commencing on 9 December 2019 and ending on 21 December 2019, both dates inclusive – 10 national riding days.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: J P Oatham, Chief Stipendiary Steward
JockeysandTrainer: S L Wynne, Licensed Jockey (Class A)
Otherperson: M R Davidson, Stipendiary Steward, N G McIntyre, Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 16/11/2019
meet_title: Canterbury Racing - 16 November 2019
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