Ashburton RC 11 May 2018 – R 4 – Chair, Mr D Anderson
ID: JCA18023
Code:
Thoroughbred
Meet Title:
Ashburton RC - 11 May 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
GClapp
Race Date:
2018/05/11
Race Number:
R 4
Decision:
As Mr Murray had admitted the charge, it was deemed to be proved.
Penalty:
The Committee grants a deferment to Mr Murray’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Murray’s licence is suspended from the conclusion of racing on 18 May 2018 up to and including racing on 1 June 2018.
Facts:
Following the running of Race 4 The HANLEY FORMULA AUTUMN SPRINT CHAMPIONSHIP QUALIFIER, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Apprentice Jockey, Mr B Murray, alleging a breach of Rule 638(3)(b) (ii) in that Mr Murray “used the whip excessively when riding MADAM BENTLEY”.
Mr Murray acknowledged that he understood the rule and confirmed his admission of the breach. Mr D Walsh the Apprentice Jockey Mentor assisted Mr Murray at the hearing.
Rule 638(3)(b)(ii) reads 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
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 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 the 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 Mr Murray entering the home straight and showed that he struck his mount 8 times prior to the 100 metres. He said that the strikes were broken up to some extent but outside the guidelines. He added the Stewards saw this breach at the lower end of the scale.
Mr Murray agreed with Mr Williamson's assessment and added that he was trying his best to win the race for connections and got it wrong.
Mr Walsh said that Mr Murray had, like so many other Jockeys, trouble adjusting to the new guidelines and that he was working with him in this regard.
Submissions for Penalty:
Mr McLaughlin stated that Mr Murray had four previous breaches for excessive use of the whip since 1 March 2018.
11/3/18 - $300
15/3/18 - $600
26/3/18 – 6-day suspension
21/4/18 – 11-day suspension
He said that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and the Stewards, with regard to Mr Murray's poor and disappointing record, would be looking for an increase from this guideline.
Mr Murray had no submissions to make on penalty but he requested a deferment of any suspension so he could fulfil engagements at Riccarton next Friday.
Mr Walsh said the last suspension on 21/4/18 Mr Murray was in his opinion treated harshly. He said he wouldn’t like to see Mr Murray incur such a suspension in this case.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a 6-8 national riding day suspension for a 3rd or subsequent breach of this rule. In determining penalty, we have adopted a six-day starting point as we agree with the Stewards that the breach is low-range.
The aggravating factor to consider is Mr Murray’s appalling record under this rule which is now five breaches in the last two months. For this we uplift the penalty 4 days and therefore determine that a 10-day suspension is an appropriate penalty.
In mitigation there are no exceptional circumstances to warrant any discount 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: e3d5a58b3d5774bd1c9b1b7f42fac633
informantnumber: A8165
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2018
hearing_title: Ashburton RC 11 May 2018 - R 4 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 4 The HANLEY FORMULA AUTUMN SPRINT CHAMPIONSHIP QUALIFIER, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Apprentice Jockey, Mr B Murray, alleging a breach of Rule 638(3)(b) (ii) in that Mr Murray “used the whip excessively when riding MADAM BENTLEY”.
Mr Murray acknowledged that he understood the rule and confirmed his admission of the breach. Mr D Walsh the Apprentice Jockey Mentor assisted Mr Murray at the hearing.
Rule 638(3)(b)(ii) reads 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
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 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 the 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 Mr Murray entering the home straight and showed that he struck his mount 8 times prior to the 100 metres. He said that the strikes were broken up to some extent but outside the guidelines. He added the Stewards saw this breach at the lower end of the scale.
Mr Murray agreed with Mr Williamson's assessment and added that he was trying his best to win the race for connections and got it wrong.
Mr Walsh said that Mr Murray had, like so many other Jockeys, trouble adjusting to the new guidelines and that he was working with him in this regard.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Murray had admitted the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Murray had four previous breaches for excessive use of the whip since 1 March 2018.
11/3/18 - $300
15/3/18 - $600
26/3/18 – 6-day suspension
21/4/18 – 11-day suspension
He said that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and the Stewards, with regard to Mr Murray's poor and disappointing record, would be looking for an increase from this guideline.
Mr Murray had no submissions to make on penalty but he requested a deferment of any suspension so he could fulfil engagements at Riccarton next Friday.
Mr Walsh said the last suspension on 21/4/18 Mr Murray was in his opinion treated harshly. He said he wouldn’t like to see Mr Murray incur such a suspension in this case.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a 6-8 national riding day suspension for a 3rd or subsequent breach of this rule. In determining penalty, we have adopted a six-day starting point as we agree with the Stewards that the breach is low-range.
The aggravating factor to consider is Mr Murray’s appalling record under this rule which is now five breaches in the last two months. For this we uplift the penalty 4 days and therefore determine that a 10-day suspension is an appropriate penalty.
In mitigation there are no exceptional circumstances to warrant any discount in this case.
penalty:
The Committee grants a deferment to Mr Murray’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Murray’s licence is suspended from the conclusion of racing on 18 May 2018 up to and including racing on 1 June 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr B Murray - Apprentice Jockey
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor assisting Mr Murray
PersonPresent:
Respondent:
StipendSteward:
raceid: ec0afe2826d6c634458bf4962a08a769
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
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meetdate: 11/05/2018
meet_title: Ashburton RC - 11 May 2018
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tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: GClapp
meet_pm2: none
name: Ashburton RC