Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Wanganui JC 24 July 2020 – R 5 – Chair, Mrs N Moffatt

ID: JCA18072

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr S O'Malley

Information Number:
A12327

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 24 July 2020

Meet Chair:
NMoffatt

Race Date:
2020/07/24

Race Number:
R 5

Decision:

As Mr O’Malley admitted the breach, the charge was deemed proved.

Penalty:

Taking into account all matters the Committee fined Mr O’Malley the sum of $300.

Facts:

Following Race 5, Stipendiary Steward Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S O’Malley used his whip excessively prior to the 100 metres.

At the outset of the hearing, Mr O’Malley confirmed he understood the Rule and that he admitted the breach.

Mr Goodwin played the videos from before the home bend. Mr O’Malley used his whip 4 times while coming around the turn with 2 of these being in quick sucession. He hit his mount a further two times just prior to the 100 metre mark.

Mr O’Malley was satisfied that the number of strikes as counted by the Stewards was accurate.

Submissions for Penalty:

Mr Goodwin said this was Mr O’Malley’s first breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. He said while the number of strikes was not high Mr O’Malley had recently been warned by the stewards, and had been reminded again only yesterday at apprentice school.

Mr O’Malley said he was aware he had gone over the allowed number of strikes and was annoyed at himself for doing so.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach---$300
2nd breach---$500
3rd breach- suspension

The Committee considered all submissions. Mr O’Malley understands the whip guidelines and is aware that further breaches will be met with harsher penalties. Today’s breach is at the very low end of the scale being only 1- over the guidelines, however the two strikes in succession and the fact that Mr O’Malley was reminded very recently about his use of the whip is disappointing.

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: ea0c4e9f83f32b393ad132c7fb30daf6


informantnumber: A12327


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 27/07/2020


hearing_title: Wanganui JC 24 July 2020 - R 5 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 5, Stipendiary Steward Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S O’Malley used his whip excessively prior to the 100 metres.

At the outset of the hearing, Mr O’Malley confirmed he understood the Rule and that he admitted the breach.

Mr Goodwin played the videos from before the home bend. Mr O’Malley used his whip 4 times while coming around the turn with 2 of these being in quick sucession. He hit his mount a further two times just prior to the 100 metre mark.

Mr O’Malley was satisfied that the number of strikes as counted by the Stewards was accurate.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr O’Malley admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

Mr Goodwin said this was Mr O’Malley’s first breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. He said while the number of strikes was not high Mr O’Malley had recently been warned by the stewards, and had been reminded again only yesterday at apprentice school.

Mr O’Malley said he was aware he had gone over the allowed number of strikes and was annoyed at himself for doing so.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach---$300
2nd breach---$500
3rd breach- suspension

The Committee considered all submissions. Mr O’Malley understands the whip guidelines and is aware that further breaches will be met with harsher penalties. Today’s breach is at the very low end of the scale being only 1- over the guidelines, however the two strikes in succession and the fact that Mr O’Malley was reminded very recently about his use of the whip is disappointing.


penalty:

Taking into account all matters the Committee fined Mr O’Malley the sum of $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr S O'Malley


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 32eaef5ba0fb20d3f995fe75a33f9828


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 373d0f9e158bcfcc08d7a1042cc5d9f0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/07/2020


meet_title: Wanganui JC - 24 July 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: none


meet_pm2: none


name: Wanganui JC