Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Amberley RC 23 June 2018 – R 8 – Chair, Mr D Anderson

ID: JCA16867

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Mr K Mudhoo - Apprentice Jockey

Other Person:
Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward, Mr C Johnson - Senior Jockey

Information Number:
A8174

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 23 June 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/06/23

Race Number:
R 8

Decision:

As Mr Mudhoo had admitted the charge, it was deemed to be proved.

Penalty:

Accordingly, Mr Mudhoo is fined $500.

Facts:

Following the running of Race 8 The GO RACING SYNDICATIONS-SHARES NOW AVAILABLE RATING 65 an Information was filed by Stipendiary Steward Mr J McLaughlin against Apprentice Jockey Mr K Mudhoo, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively prior to the 100 metres”.

Mr Mudhoo acknowledged that he understood the rule and confirmed his admission of the breach.

Mr Mudhoo was assisted at the hearing by Mr C Johnson – Senior Jockey.

Rule 638(3)(b)(ii) reads 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

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 any 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 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of the race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Wadley demonstrated the incident using the available video footage. He identified Mr Mudhoo in the home straight and showed that he struck his mount 8 times prior to the 100 metres. He said that the strikes were not without pauses but were outside the guidelines.

Mr Mudhoo agreed with Mr Wadley`s assessment and said he had nothing to add.

Mr Johnson said the films were clear and Mr Mudhoo only had to extend his pauses a stride or two and there would be no breach.

Submissions for Penalty:

Mr McLaughlin stated that Mr Mudhoo had one previous breach for excessive use of the whip within the last 12 months. This breach was on February 15 2018 where Mr Mudhoo was fined $400, an increase from the first offence starting point as he had gone on to win the race.

He said that the JCA Penalty Guide indicated a $500 fine for a second breach within 12 months and the Stewards saw this as appropriate.

Mr Mudhoo and Mr Johnson had no submissions to make on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a $500 fine for a second breach of this rule. In determining penalty, we considered there were no aggravating factors.

In mitigation there are no exceptional circumstances to warrant any discount in this case.

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: abc997c4c74f706a032987f55402b924


informantnumber: A8174


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 25/06/2018


hearing_title: Amberley RC 23 June 2018 - R 8 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 8 The GO RACING SYNDICATIONS-SHARES NOW AVAILABLE RATING 65 an Information was filed by Stipendiary Steward Mr J McLaughlin against Apprentice Jockey Mr K Mudhoo, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively prior to the 100 metres”.

Mr Mudhoo acknowledged that he understood the rule and confirmed his admission of the breach.

Mr Mudhoo was assisted at the hearing by Mr C Johnson – Senior Jockey.

Rule 638(3)(b)(ii) reads 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

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 any 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 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of the race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Wadley demonstrated the incident using the available video footage. He identified Mr Mudhoo in the home straight and showed that he struck his mount 8 times prior to the 100 metres. He said that the strikes were not without pauses but were outside the guidelines.

Mr Mudhoo agreed with Mr Wadley`s assessment and said he had nothing to add.

Mr Johnson said the films were clear and Mr Mudhoo only had to extend his pauses a stride or two and there would be no breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mudhoo had admitted the charge, it was deemed to be proved.


sumissionsforpenalty:

Mr McLaughlin stated that Mr Mudhoo had one previous breach for excessive use of the whip within the last 12 months. This breach was on February 15 2018 where Mr Mudhoo was fined $400, an increase from the first offence starting point as he had gone on to win the race.

He said that the JCA Penalty Guide indicated a $500 fine for a second breach within 12 months and the Stewards saw this as appropriate.

Mr Mudhoo and Mr Johnson had no submissions to make on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a $500 fine for a second breach of this rule. In determining penalty, we considered there were no aggravating factors.

In mitigation there are no exceptional circumstances to warrant any discount in this case.


penalty:

Accordingly, Mr Mudhoo is fined $500.


hearing_type: Hearing


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


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr K Mudhoo - Apprentice Jockey


Otherperson: Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward, Mr C Johnson - Senior Jockey


PersonPresent:


Respondent:


StipendSteward:


raceid: de3f292f3b4dad47a1d0c95f6f827682


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 104de92d03ee630ffbafed0e26fb206c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/06/2018


meet_title: Canterbury Racing - 23 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing