Waverley RC 13 November 2016 – R 7 (heard 18 November 2016 at New Plymouth) Chair, Mr N McCutcheon

hearingid: 86946b23960a9dab26dbaeb7e7b46563

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hearing_racingtype: thoroughbred-racing

startdate: 13/11/2016

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hearing_title: Waverley RC 13 November 2016 - R 7 (heard 18 November 2016 at New Plymouth) Chair, Mr N McCutcheon

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr B Jones, Stipendiary Steward
Respondent: Mr A Chan, Apprentice Jockey
Other Parties: Mr A Sharrock, Licensed Trainer assisting Mr Chan - Mr W Robinson, Stipendiary Steward
Information: A4597
Meeting: Waverley Racing Club, 13 November 2016 (heard 18 November 2016 at New Plymouth)
Venue: Waverley Racecourse, Waverley
Rule: 638(3)(b)(ii)
Race: 7
Judicial Committee: Mr N McCutcheon, Chairman – Mr T Bird, Committee Member
Plea: Not Admitted
Charge: Excessive use of the whip

Evidence:
Following the running of Race 7, (Tom Andrews Contracting/The Bold One At GW Stud) Information No. A4597 was filed with the Judicial Committee. It alleged that Mr Chan used his whip excessively on his mount ROCK NOIR prior to the 200m.

Rule 638 provides as follows:
(3) a rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is
(ii) excessive

The guidelines for the use of the whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to 6 times and then the rider should ride hands and heels for 6 strides before hitting the horse again with the drawn whip and continue this action until the 200m.

Mr Chan said that he understood the Rule and Mr Sharrock confirmed that Mr Chan did not admit the breach of the Rule.

Submissions for Decision:
Mr Jones had Mr Robinson show the films and Mr Robinson said that Mr Chan hit his horse 10 to 11 times between the 400m and the 200m and had only rested for 4 strides. Mr Robinson added that as the guidelines are 6-on and then 6-off, that Mr Chan was outside the guidelines.

Mr Sharrock, on behalf of Mr Chan, said that this was an unusual sequence of events, he said that Mr Chan is a 3kg claimer and that he was basically put out of the race (due to a fall) and that he was riding for a reputable trainer in Mr Vile. Mr Sharrock then said should Mr Chan have eased his mount or stopped it down to a walk, or should he have tried to get the horse’s momentum going again and get back into the race? He said that we can all count, but the circumstances were something that doesn’t happen very often. He added that Mr Vile was happy with the ride and that Mr Chan did not cost the punters anything. He concluded by saying that the charge was nit-picking and revenue collecting.

Mr Robinson was asked by the Chair how many strides Mr Chan stopped using the whip after the initial 6 strikes. Mr Robinson, after reviewing the film replays at length, indicated one stride and then approximately four strides.

Mr Jones said that there had been quite severe interference during the running of the race. He said that there were unusual circumstances, but that it did not give Mr Chan the right to ride outside the guidelines. He said that Mr Chan got put back (by the fall) but that a jockey cannot rectify the situation by riding outside the guidelines.

Mr Sharrock asked Mr Jones whether Mr Chan should have taken evasive action and pulled out of the race. Mr Jones responded by saying that riders cannot ride outside of the guidelines.

Mr Sharrock and Mr Chan had nothing further to say.

Reasons for Decision:
Excessive use of the whip is of genuine concern to the Judicial Control Authority and this aspect of race riding is closely monitored by the R.I.U.

The committee carefully considered all of the evidence which included the films of Mr Chan’s ride. The committee reached the conclusion that Mr Chan had used his whip in a manner that was in accordance with or very close to the guidelines and had not used any undue force when hitting his mount.

After racing past the 400m Mr Chan struck his horse 6 times and then refrained from using the whip for 5-6 strides, he then again used the whip for approximately 5 strides and then refrained for another 5 strides. At that time of proceedings Mr Chan and his mount were close to or inside the 200m.

With respect to the charge preferred against Mr Chan the committee determined that the whip use was of an acceptable standard, accordingly the charge was not proved.

Decision:
Charge dismissed.

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hearing_type: Old Hearing

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

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