Counties RC 11 April 2021 – R 7 (heard 14 April 2021 at Ruakaka) – Chair, Mr G Jones

hearingid: 1c40072feed4573b9f047e20f8260403

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 11/04/2021

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Counties RC 11 April 2021 - R 7 (heard 14 April 2021 at Ruakaka) - Chair, Mr G Jones

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr A Coles – Senior Stipendiary Steward

Respondent: Mr M Hashizume – Apprentice Rider of TAVI WITH ME

Information No: A13848

Meeting: Counties Racing Club

Date:11 April 2021 (heard 14 April 2021 at Ruakaka)

Venue: Pukekohe

Race: 7

Rule No: 638(3)(b)(ii) – Excessive use of the Whip

Judicial Committee: Mr G Jones, Chair

Also Present:-Mr C Gibbs, Licensed Trainer assisting Mr Hashizume

Ms K Selvakumaran, Assistant Stipendiary Steward

Plea: Admitted

FACTS:

This charge arises from the running of Race 7, the NZ Modern School of Music 1600, at the Counties RC meeting at Pukekohe Park, on 11 April 2021. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Apprentice Rider, Mr M Hashizume used his whip excessively when riding TAVI WITH ME prior to the 100 metres.

The Information was filed and adjourned due to Mr Hashizume having left the course. As a result, the charge was heard prior to Race 1 at the Whangarei RC meeting at Ruakaka on Wednesday 14 April 2021.

Mr Hashizume was assisted at the hearing by Licensed Trainer, Mr C Gibbs.

Mr Hashizume said that he understood the Rule and confirmed that he admitted the breach.

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:

(i)-unnecessary, or

(ii)-excessive, or

(iii)-improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Flat Races

Prior to the 100-metre mark in a race, official trial or jump out:

(i)-The whip should not be used on more than 5 occasions.

(ii)-The whip should not be used in consecutive strides.

(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.

In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available race film footage Ms Selvakumaran demonstrated the breach. She identified Mr Hashizume’s mount; TAVI WITH ME running two off the fence in third place in the run up the home straight. She pointed out that between the straight entrance to the 100-metre mark Mr Hashizume struck his mount 8 times.

In response Mr Hashizume said that he agreed that the number of strikes was 8. By way of explanation, he stated “I was trying too hard”.

In support of Mr Hashizume, Mr Gibbs confirmed the number of strikes at 8.

DECISION:

As Mr Hashizume admitted the breach the Committee found the charge proved.

PENALTY SUBMISSIONS:

Mr Coles said that Mr Hashizume had one previous breach of the Rule, this having occurred at the Counties RC meeting on 16 December 2020. He submitted that the recommended penalty for a second breach is a $500 fine.

In response to a question from the Committee it was established that this breach was identified during an investigation into a careless riding incident in the same race and for that breach Mr Hashizume incurred a 4-day suspension and $500 fine.

Mr Hashizume offered no penalty submissions.

PENALTY REASONS:

Where the number of strikes is more than 5 and less than 10 the Penalty Guide recommends a $500 starting point for a second breach of the Rule within the 6-month reset period.

The Committee considered all the evidence and submissions and took note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as 8 and for the most part, they were not overly forceful.

Had this charge been heard in tandem with the careless riding charge arising from the same race the raceday Committee may have, in the exercise of their discretion, applied the ‘totality principle’ in assessing penalties for both charges, in particular the accumulative effect of the fines. In recognition of this approach Mr Hashizume is afforded a $100 reduction from the $500 starting point. In doing so the Committee is compelled to point out that charges relating to animal welfare issues, such as whip use, rarely attract a penalty reduction unless extenuating circumstances exist. In this case the application of the totality principle is such justification in that the aggregation of the fines appropriate for each breach must result in a just and appropriate penalty. As an Apprentice Rider the cumulative effect $500 and $400 fines are reasonably substantial when balanced against Mr Hashizume’s earning capacity.

PENALTY:

Accordingly, Mr Hashizume is fined $400.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

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

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: