Matamata RC 24 February 2018 – R 7 – Chair, Mr A Smith

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startdate: 24/02/2018

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hearing_title: Matamata RC 24 February 2018 - R 7 - Chair, Mr A Smith

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Williamson - Stipendiary Steward
Respondent: Mr J Waddell - Class A Rider
Information Number: A10365
Meeting: Matamata Racing Club
Date: 24 February 2018
Rules: 638(3)(b)(ii)
Race: 7
Judicial Committee: A Smith, Chairman – N McCutcheon, Committee Member
Plea: Admitted
Charge: Excessive use of the whip 
Also Present: Mr B Jones, Stipendiary Steward

Evidence
Following the running of race 7, The Proisir 1400, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged excessive use of the whip by Mr Waddell on the horse CONTESSA VANESSA prior to the 100 metres.

Mr Waddell acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) 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” provides:
Without affecting the generality of Rule 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.

Submissions for decision
Mr Jones demonstrated the incident using the available video footage. He identified Mr Waddell and showed that prior to the 100 metres Mr Waddell struck his mount 8 times, without the required respite.

Mr Waddell said it was a hard rule to defend as “it was in black and white”. He stated he had hit the horse 6 times in a row but had forgotten the two prior strikes which occurred 3 strides earlier. Mr Waddell said he was finding it a tough rule to adapt to and was frustrated with himself as he did not consider himself to be an aggressive whip rider.

The Committee asked Mr Waddell what he perceived to be the difficulty that jockeys may have in adjusting to the current whip rule. Mr Waddell suggested that a simple number of strikes prior to the 100m (perhaps 10) would be easier to adhere to. He added that currently jockeys have to count the 5 strikes, then the 5 pushes then reset to count again along with identifying where the 100m was and being aware of other horses were around them.

Decision
As Mr Waddell admitted the breach, the Committee found the charge proved.

Submissions on Penalty
Mr Williamson said that this was Mr Waddell’s 4th breach of the rule since the introduction of the new guidelines on the 1st of August 2017. Mr Williamson stated that the stewards would submit that the breach warranted a suspension in line with the penalty guidelines and the suspension be at the low range.

Mr Waddell acknowledged that he would be suspended and suggested a penalty of 5-6 days might be appropriate.

Mr Waddell advised he had upcoming engagements on the 3rd of March and sought a deferment to any proposed suspension.

Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented. The starting point for a 4th breach of this Rule is a 6–8 day suspension with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.

There were no aggravating factors.

The mitigating factors were Mr Waddell’s admission of the breach.

The Committee noted that CONTESSA VANESSA won the race by ¾ length.

Penalty
Mr Waddell had his license to ride in races suspended for a period to commence after racing on 3 March and conclude after racing on 15 March 2018 (7 national riding days).
 

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

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