Archive Decision

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Oamaru JC 19 June 2019 – R 4 – Chair, Prof G Hall

ID: JCA18122

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr D Prastiyou - Class A Jockey

Information Number:
A9095

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Oamaru JC - 19 June 2019

Meet Chair:
GHall

Race Date:
2019/06/19

Race Number:
R 4

Decision:

As Mr Prastiyou has admitted the breach, the breach is found to be proved.

Penalty:

Mr Prastiyou is fined the sum of $300.

Facts:

Mr Davidson alleged that Mr Prastiyou used his whip excessively on his mount WENTWORTH prior to the 100 metres in race 4, the WHITE ACRES FISHING MAIDEN.

Rule 638(3)(b)(ii) provides: “A Rider shall not 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” provide:

“Without affecting the generality of r 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….”

Mr Davidson demonstrated the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were some brief pauses but there was no clear break for five strides.

Mr Prastiyou said he accepted there were 9 strikes. He had believed he was closer to the 100 mark at the time than he actually was.

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which was clear under this rule. He submitted a penalty as per the Penalty Guide of a fine of $300 was appropriate. Mr Prastiyou accepted this was the appropriate penalty.

Reasons for Penalty:

This is the respondent’s first breach of this rule this season. There were 9 strikes before the 100 metres. There was no clear break for five strides.

The starting point in the Penalty Guide for a first breach of r 638(3)(b)(ii) is a fine of $300. There is no reason to uplift or reduce this figure.

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: f05221a81d2d0b96cbaf71a243429c55


informantnumber: A9095


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 20/06/2019


hearing_title: Oamaru JC 19 June 2019 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Prastiyou used his whip excessively on his mount WENTWORTH prior to the 100 metres in race 4, the WHITE ACRES FISHING MAIDEN.

Rule 638(3)(b)(ii) provides: “A Rider shall not 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” provide:

“Without affecting the generality of r 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….”

Mr Davidson demonstrated the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were some brief pauses but there was no clear break for five strides.

Mr Prastiyou said he accepted there were 9 strikes. He had believed he was closer to the 100 mark at the time than he actually was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Prastiyou has admitted the breach, the breach is found to be proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which was clear under this rule. He submitted a penalty as per the Penalty Guide of a fine of $300 was appropriate. Mr Prastiyou accepted this was the appropriate penalty.


reasonsforpenalty:

This is the respondent’s first breach of this rule this season. There were 9 strikes before the 100 metres. There was no clear break for five strides.

The starting point in the Penalty Guide for a first breach of r 638(3)(b)(ii) is a fine of $300. There is no reason to uplift or reduce this figure.


penalty:

Mr Prastiyou is fined the sum of $300.


hearing_type: Hearing


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


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr D Prastiyou - Class A Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 28b04599201233935ebb3079525d2dd5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b058538a647525ce85515c8dc7085f31


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/06/2019


meet_title: Oamaru JC - 19 June 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Oamaru JC