Wellington RC – 24 October 2009 – Race 10
ID: JCA21819
Hearing Type (Code):
thoroughbred-racing
Decision:
Following the running of race 10, the Stella Artois 2200, an Information was lodged against jockey Mr J Walsh, the rider of DENIS, alleging a breach of Rule 638(3)(b), in that he used the whip excessively.
--
Following the running of race 10, the Stella Artois 2200, an Information was lodged against jockey Mr J Walsh, the rider of DENIS, alleging a breach of Rule 638(3)(b), in that he used the whip excessively.
--Mr Walsh admitted the breach.
--Accordingly it is found proved.
--In his submissions, Mr Oatham referred to the video of the race which showed that Mr Walsh, in that period prior to the 200 metre mark, used his whip up to 15 times in near succession. He said the stewards were not concerned with the subsequent period to the finish line when Mr Walsh raced according to the guidelines but, in their view, the use of the whip prior to that mark was excessive.
--In submissions on penalty, Mr Oatham said this was Mr Walsh’s first offence under the rule and he recommended a moderate fine.
--In admitting the breach, Mr Walsh said the horse was a lazy horse and, whilst he acknowledged the number of strikes, he said that with the type of whip his use was not very hard, and he missed quite a few strides on occasions. He agreed this was in that period prior to the 200 metres only and, thereafter, he abided by the guidelines with which he is familiar.
--In respect to penalty, Mr Walsh said that this was the first time ever he had been charged with excessive use of the whip.
--Penalty:
--In this case, Mr Walsh has admitted using the whip excessively. Whilst any excessive use is unacceptable, in determining penalty, we acknowledge that this occurred over a period prior to the last 200 metres and, thereafter in the run home, Mr Walsh used his whip according to the rules.
In admitting the breach, he indicated it was the first in his career under this Rule and this was acknowledged by the stewards who, otherwise, endorsed his good record.
This being the case, Mr Walsh is entitled to some credit and, following submissions which supported it as being at the lower end of the scale, we are satisfied that, on this occasion, a fine of $200.00 is appropriate.
--
N. Moffatt P.H. Welch
CHAIR Committee Member
7215
Decision Date: 24/10/2009
Publish Date: 24/10/2009
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: c08edd406a16e2082efc4251800abc84
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 24/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wellington RC - 24 October 2009 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 10, the Stella Artois 2200, an Information was lodged against jockey Mr J Walsh, the rider of DENIS, alleging a breach of Rule 638(3)(b), in that he used the whip excessively.
--
Following the running of race 10, the Stella Artois 2200, an Information was lodged against jockey Mr J Walsh, the rider of DENIS, alleging a breach of Rule 638(3)(b), in that he used the whip excessively.
--Mr Walsh admitted the breach.
--Accordingly it is found proved.
--In his submissions, Mr Oatham referred to the video of the race which showed that Mr Walsh, in that period prior to the 200 metre mark, used his whip up to 15 times in near succession. He said the stewards were not concerned with the subsequent period to the finish line when Mr Walsh raced according to the guidelines but, in their view, the use of the whip prior to that mark was excessive.
--In submissions on penalty, Mr Oatham said this was Mr Walsh’s first offence under the rule and he recommended a moderate fine.
--In admitting the breach, Mr Walsh said the horse was a lazy horse and, whilst he acknowledged the number of strikes, he said that with the type of whip his use was not very hard, and he missed quite a few strides on occasions. He agreed this was in that period prior to the 200 metres only and, thereafter, he abided by the guidelines with which he is familiar.
--In respect to penalty, Mr Walsh said that this was the first time ever he had been charged with excessive use of the whip.
--Penalty:
--In this case, Mr Walsh has admitted using the whip excessively. Whilst any excessive use is unacceptable, in determining penalty, we acknowledge that this occurred over a period prior to the last 200 metres and, thereafter in the run home, Mr Walsh used his whip according to the rules.
In admitting the breach, he indicated it was the first in his career under this Rule and this was acknowledged by the stewards who, otherwise, endorsed his good record.
This being the case, Mr Walsh is entitled to some credit and, following submissions which supported it as being at the lower end of the scale, we are satisfied that, on this occasion, a fine of $200.00 is appropriate.
--
N. Moffatt P.H. Welch
CHAIR Committee Member
7215
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 638.3.b
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