Wellington RC 25 January 2014 – R 10 (Adjourned – heard 26 January 2014)

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startdate: 25/01/2014

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hearing_title: Wellington RC 25 January 2014 - R 10 (Adjourned - heard 26 January 2014)

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RACEDAY JUDICIAL COMMITTEE DECISION

WELLINGTON RC 25 JANUARY 2014 – R 10 (ADJOURNED HEARING - HEARD 26 JANUARY 2014)

Informant: Mr R Neal – Co Chief Stipendiary Steward

Respondent: Mr R Hutchings - Licensed Apprentice Rider

Information No: A2945

Meeting: Wellington RC

Date: 25 January 2014

Venue: Wellington

Rule No: 638(3) (b)

Race: 10

Committee: A Dooley, Chairman - G Jones, Committee Member

Plea: Admitted

Person's Present: Mr G Rogerson – assisting Mr Hutchings, Mr J Oatham – Senior Stipendiary Steward

Charge

This is an adjourned hearing arising from Race 10 at the Wellington RC on 25 January 2014. This hearing took place during the race meeting at Ellerslie on 26 January 2014.

Following the running of race 10, an information was filed pursuant to Rule 638(3) (b). The Informant, Mr Neal, alleged that Mr Hutchings, used his whip excessively in his riding of BEYOND BELIEF prior to the 200 metres.

Mr Hutchings acknowledged that he understood the nature of the charge, the Rule and admitted the breach. He was assisted at the hearing by his employer Mr G Rogerson.

Rule 638(3) (b) provides: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.

Mr Oatham demonstrated on the video films that Mr Hutchings used his whip 14 times prior to the 200 metres. He said Mr Hutchings did not give his mount the required respite after 6 strides.

Mr Hutchings and Mr Rogerson did not wish to make any comment at this stage, preferring to address the Committee during penalty submissions.

Decision

As Mr Hutchings admitted the breach we find the charge proved.

Submissions For Penalty

Mr Neal produced Mr Hutchings' record which showed he had no breaches of this particular Rule in the last 12 months and described his overall record as excellent. He submitted that on this occasion the breach occurred due to an error of judgement on Mr Hutchings' part. He said that a breach of this Rule would generally attract a fine between $200 and $300 but on this occasion submitted a fine at the lower end.

Mr Hutchings submitted that his use of the whip was in a back hand motion without force. He said that his mount was a big actioned horse who had a deceiving stride and he did not realise where the 200 metre mark was positioned.

Mr Rogerson submitted that BEYOND BELIEF’S trainer gave instructions that he wanted his horse ridden hard. He also asked the Committee to note that Mr Hutchings did not turn his whip around and to take into account he was a busy rider. He said Mr Hutchings had a good record and the breach was at the lower end. In response to the Stewards' submissions, Mr Rogerson suggested the matter could be dealt by way of a fine nearer than $100.

Reasons For Penalty

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Hutchings' admission of the breach, the number of strikes (14) we assess at the low to mid - range noting Mr Hutchings did pause in his whip action but not for the required respite of 6 strides, the severity we assessed at the low end.

We note that although Mr Hutchings' record was presented as being clear, it transpired that when we verified our records he did have a previous breach of the whip Rule (1 June 2013). However, the circumstances were different to this breach and had no bearing on penalty.

We referred to the JCA listing of penalties for similar breaches under this Rule before determining penalty.

After taking into account all the above factors, we consider an appropriate penalty is a fine of $175.

Penalty

Accordingly, we impose a fine of $175.

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hearing_type: Old Hearing

Rules: 638(3)(b)

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