Archive Decision

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Gore RC 20 January 2018 – R 7 – Chair, Prof G Hall

ID: JCA18204

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr G Jogoo - Apprentice Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor

Information Number:
A9727

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 20 January 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/01/20

Race Number:
R 7

Decision:

As Mr Jogoo has admitted the breach, we find the breach proved.

Penalty:

Mr Jogoo is fined the sum of $350.

Facts:

Mr Davidson alleged that Mr Jogoo used his whip excessively on his mount KIWI IDA prior to the 100 metres in race 7, the LIQUORLAND GORE GUINEAS 3YO SW 1335 metres.

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. 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 drawn whip is acceptable if used in moderation and not continually.”

Mr Jogoo acknowledged that he understood the rule and confirmed his admission of the breach.

Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were brief hesitations but these were only for half a stride.

Mr Walsh said this was not the worst case but it was outside the guidelines.

Mr Jogoo agreed that this was a fair assessment by the Stewards and said his horse was in front and he knew the other horses were coming.

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule. He said a fine of not below $300 was appropriate and he pointed out it was a Listed race.

Mr Walsh and Mr Jogoo accepted Mr Davidson’s submission.

Reasons for Penalty:

New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.

The updated starting points for breaches of r 638(3)(b)(ii) are:

1st breach $300

2nd breach $500

3rd or subsequent breach 6-8 national riding days suspension.

This is the respondent’s first breach and the breach is low to mid range. There are 9 strikes with only a very brief pause. The starting point in the Penalty Guide is a fine of $300. We increase the fine by $50 having regard to the fact it is a Listed race.

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: fa576dd91d7567fb112cf1ba9699ed75


informantnumber: A9727


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 23/01/2018


hearing_title: Gore RC 20 January 2018 - R 7 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Jogoo used his whip excessively on his mount KIWI IDA prior to the 100 metres in race 7, the LIQUORLAND GORE GUINEAS 3YO SW 1335 metres.

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. 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 drawn whip is acceptable if used in moderation and not continually.”

Mr Jogoo acknowledged that he understood the rule and confirmed his admission of the breach.

Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were brief hesitations but these were only for half a stride.

Mr Walsh said this was not the worst case but it was outside the guidelines.

Mr Jogoo agreed that this was a fair assessment by the Stewards and said his horse was in front and he knew the other horses were coming.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Jogoo has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule. He said a fine of not below $300 was appropriate and he pointed out it was a Listed race.

Mr Walsh and Mr Jogoo accepted Mr Davidson’s submission.


reasonsforpenalty:

New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.

The updated starting points for breaches of r 638(3)(b)(ii) are:

1st breach $300

2nd breach $500

3rd or subsequent breach 6-8 national riding days suspension.

This is the respondent’s first breach and the breach is low to mid range. There are 9 strikes with only a very brief pause. The starting point in the Penalty Guide is a fine of $300. We increase the fine by $50 having regard to the fact it is a Listed race.


penalty:

Mr Jogoo is fined the sum of $350.


hearing_type: Hearing


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


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr G Jogoo - Apprentice Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 63eeb5fef3fc5ace74225e2c58d7b071


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b6a59bc7105bf4f732bfa16bbcc5447f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/01/2018


meet_title: Gore RC - 20 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Gore RC