Marlborough RC 27 April 2018 – R 2 – Chair, Mr M Conway

hearingid: ecd1bdc3d7fdd59f7e22c04f15da3f40

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 27/04/2018

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Marlborough RC 27 April 2018 - R 2 - Chair, Mr M Conway

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J McLaughlin - Stipendiary Steward

Respondent: Ms S MacNab – Apprentice Jockey

Information No: A8155

Meeting: Marlborough Racing Club

Date: 27 April 2018

Venue: Waterlea Racecourse, Blenheim

Race: 2

Rule No: 638(3)(b)(ii))

Judicial Committee: Mr M Conway, Chairman – Mr P Williams, Committee Member

Also Present: Mr M Davidson – Stipendiary Steward, Mr D Walsh - NZTR Jockey Mentor assisting Ms MacNab

Charge: Excessive use of the whip

Plea: Admitted

Evidence:

Following the running of Race 2, the Speights 1000, an Information was filed by Stipendiary Steward, Mr McLaughlin, against Apprentice Rider, Ms S MacNab, alleging that she “used her whip excessively prior to the 100 metres on BISOU BISOU.”

Rule 638(3) states:

A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is:

(ii) excessive

The guidelines with respect to the acceptable use of the whip state:

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 a 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.

Ms MacNab admitted the breach and appeared at the hearing assisted by Mr Walsh.

Mr Davidson referred to the race film to demonstrate that Ms MacNab had struck her mount with the drawn whip in the home straight some 11 times, broken up by pauses, prior to the 100 metre mark.

The Committee later reviewed the film and considered the number of whip strikes to be closer to 14.

Under continued urging, BISOU BISOU went on to win the race for Ms MacNab by a half-head.

Ms MacNab and Mr Walsh accepted the evidence put forward by Stewards and had nothing further to add.

Decision

Ms MacNab admitted the breach and it was found proved.

Submissions for Penalty:

Mr McLaughlin said this was Ms MacNab’s 3rd breach of the rule within a 12 month period. He said she had attempted to break up her whip strikes but the respite had not been sufficient to meet her obligations under the guidelines that accompany the rule. Mr McLaughlin submitted that this breach was at the low end, adding that Ms MacNab was not a heavy hitter of a horse. He said Ms MacNab’s riding had improved markedly in the previous 12 months and described this breach as a miscalculation.

The JCA Penalty Guide provides for a starting point of a 6 day suspension for a 3rd breach of the excessive use of the whip rule held to be at the low end. Mr McLaughlin said that a suspension of 6 national riding days was the appropriate penalty on this occasion. Stewards did not believe the fact Ms MacNab went on to win the race warranted an increase in penalty.

Mr Walsh said it was common for a 3rd breach of the excessive use of the whip rule to occur in a more compressed time period. He said it had been some 4 months since Ms MacNab’s previous breach and, as a reasonably busy rider, this was to her credit.

Ms MacNab made no submission on penalty and did not wish to seek a deferment. She does however, have rides declared on the second day of the Marlborough meeting on Sunday 29 April 2018.

Reasons for Penalty:

Ms MacNab has broken up her whip action in the home straight but has not taken sufficient respite to meet her obligations under the guidelines that accompany the rule. The Committee notes that Ms MacNab did not strike BISOU BISOU more than 5 times in succession in the home straight before taking respite. Her pauses before going back to the whip were simply not long enough.

Stewards do not consider Ms MacNab to be a heavy hitter of a horse and although she went on to win the race, did not submit this as an aggravating factor that warranted an increase in penalty.

We view Ms MacNab’s actions as a simple miscalculation with no mitigating or aggravating factors and find this breach to be at the low end.

This is Ms MacNab’s 3rd breach of the rule in the previous 6 months. She was fined on the previous occasions. The JCA Penalty Guide provides for a suspension of 6-8 national riding days for a 3rd breach of the excessive use of the whip rule.

We are satisfied that a suspension of 6 national riding days is appropriate for a breach found to be at the low-end.

Penalty:

Ms MacNab is suspended for 6 national riding days from the conclusion of racing on 29 April 2018 up to and including 9 May 2018.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

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

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: