Archive Decision

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Whangarei RC 4 October 2017 – R 2 – Chair, Mr B Scott

ID: JCA18076

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr B Morgenrood - Class A Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A9477

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 4 October 2017

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2017/10/04

Race Number:
R2

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

This Committee imposes a fine of $300.00 on Mr Morgenrood.

Facts:

Following the running of the REDWOOD@WESTBURY STUD an Information was lodged by Senior Stipendiary Steward Mr M Williamson against Class A Rider Mr B Morgenrood alleging that Mr Morgenrood the rider of AONGATETE EXPRESS used his whip excessively prior to the 100 metres mark.

Mr Morgenrood was present at the Hearing and he acknowledged that he understood the Rule and that he admitted the breach. He also acknowledged that he was aware of the new Whip Guidelines.

The Guidelines with respect to acceptable use of the Whip that apply from the 1st of August 2017 provide:

Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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 whip is acceptable if used in moderation and not continually.

Chief Stipendiary Steward Mr J Oatham demonstrated the incident using the available race films. He showed where prior to the 100 metres mark Mr Morgenrood used his whip 10 times without the required pauses.

Mr Morgenrood accepted the number of strikes.

Submissions for Penalty:

Mr Williamson said that Mr Morgenrood had a clear record and said that in line with the new policy he thought the fine should be about $300.00.

Mr Morgenrood did not have any submissions on penalty other than to say that as a Rider who has come from South Africa it was taking him time to adjust to the new policy.

Reasons for Penalty:

This is not the worst breach that the Committee has seen but Mr Morgenrood has breached the Guidelines and in turn the Rule.

The new policy provides firstly for a $300.00 fine for a first breach of the Rule and secondly that mitigating matters unless exceptional are not to be taken into account. In this Committee's view an admission of the breach and a good record are clearly not exceptional matters. We accordingly do not give any credit for these.

The Committee advised Mr Morgenrood of the penalties for second and subsequent breaches of this Rule.

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: ea6329e3e31b07f3fe4de4ccc0ff03a0


informantnumber: A9477


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/10/2017


hearing_title: Whangarei RC 4 October 2017 - R 2 - Chair, Mr B Scott


charge:


facts:

Following the running of the REDWOOD@WESTBURY STUD an Information was lodged by Senior Stipendiary Steward Mr M Williamson against Class A Rider Mr B Morgenrood alleging that Mr Morgenrood the rider of AONGATETE EXPRESS used his whip excessively prior to the 100 metres mark.

Mr Morgenrood was present at the Hearing and he acknowledged that he understood the Rule and that he admitted the breach. He also acknowledged that he was aware of the new Whip Guidelines.

The Guidelines with respect to acceptable use of the Whip that apply from the 1st of August 2017 provide:

Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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 whip is acceptable if used in moderation and not continually.

Chief Stipendiary Steward Mr J Oatham demonstrated the incident using the available race films. He showed where prior to the 100 metres mark Mr Morgenrood used his whip 10 times without the required pauses.

Mr Morgenrood accepted the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Williamson said that Mr Morgenrood had a clear record and said that in line with the new policy he thought the fine should be about $300.00.

Mr Morgenrood did not have any submissions on penalty other than to say that as a Rider who has come from South Africa it was taking him time to adjust to the new policy.


reasonsforpenalty:

This is not the worst breach that the Committee has seen but Mr Morgenrood has breached the Guidelines and in turn the Rule.

The new policy provides firstly for a $300.00 fine for a first breach of the Rule and secondly that mitigating matters unless exceptional are not to be taken into account. In this Committee's view an admission of the breach and a good record are clearly not exceptional matters. We accordingly do not give any credit for these.

The Committee advised Mr Morgenrood of the penalties for second and subsequent breaches of this Rule.


penalty:

This Committee imposes a fine of $300.00 on Mr Morgenrood.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr B Morgenrood - Class A Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 32a9d0d9de51592ace37e32ef0b4769e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f50b3e28a28075d8c2013b150c239984


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/10/2017


meet_title: Whangarei RC - 4 October 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC