Waverley RC – 28 June 2007 – Race 3

hearingid: ca2574a09018db3d94ca57df2e817804

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hearing_racingtype: thoroughbred-racing

startdate: 28/06/2007

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hearing_title: Waverley RC - 28 June 2007 - Race 3

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Decision:

Jockey J Fleming was charged under Rule 530 (2) (b) that as the rider of ANZI DEE she used her whip in an excessive manner

Jockey J Fleming was charged under Rule 530 (2) (b) that as the rider of ANZI DEE she used her whip in an excessive manner in the final straight. Miss Fleming confirmed after the rule was read that she did not admit the breach. Both films were shown.

Stipendiary Steward A Ray told the committee Miss Fleming's mount finished last. It was leading into the straight and then gave ground. The horse was struck no less than 17 times from the entrance into the straight until the finish.

Miss Fleming rode the horse with full vigor and Stipendiary Steward Ray contended there was no need to have ridden the beaten horse with the whip.

Miss Fleming conceded that she was aware of the guidelines on riding with the whip but she had instructions from both the owner and the trainer to ride to the line. The trainer had informed her it was a lazy horse. Trainer Mr B Hrstich, called as a witness by Miss Fleming, agreed that he had given instructions to ride to the line. It performed better when it was ridden hard and was having its last chance today.

Mr Ray in summing up believed the horse was struck excessively with the whip and the films clearly showed the horse was beaten in the run to the line.

Miss Fleming, the Committee have viewed the available films and considered the comments of both Mr Ray and yourself. The films clearly show your mount was struck at least 17 times in the run to the line when the horse had clearly come to the end of its run and finished last. You agreed that you were aware of the guidelines when using the whip and although instructions given by both the owner and the trainer were to ride to the line the guidelines and rules must always prevail.

We find the charge proven

Mr Ray informed the committee that this was Miss Fleming's first charge under the rule and asked for a fine of between $100 and $200.

Miss Fleming agreed this was her first charge under this rule.

Miss Fleming, in coming to its decision to fine you $200, the Committee has taken into account the fact that this is your first charge under the rule. We are firmly of the opinion that your mount was struck excessively and that the charge was best handled by way of a fine on this occasion.

T W Castles

Chairman

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hearing_type: Old Hearing

Rules: 530.2.b

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