Archive Decision

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Ashburton RC 1 September 2017 – R 1 – Chair, Mr R McKenzie

ID: JCA12883

Applicant:
Mr JM McLaughlin - Stipendiary Steward

Respondent(s):
Ms ST Collett - Licensed Jockey (Class A)

Other Person:
Mr AG Coles - Stipendiary Steward

Information Number:
A09510

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 1 September 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2017/09/01

Race Number:
R1

Decision:

Ms Collett having admitted the breach, the charge was found proved. 

Penalty:

Ms Collett was fined the sum of $300.

Facts:

Following the running of Race 1, Stackhouse Farming Co Ltd Rating 65 Handicap, an information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Jockey (Class A), Ms ST Collett, alleging that Ms Collett as the rider of STANDREWS MASONIC in the race, had used her whip excessively prior to the 100 metres.

Ms Collett was present at the hearing of the information. She indicated that she understood the charge and that she admitted the breach.

She also confirmed that she was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.

Rule 638 provides 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

The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 final 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 a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr J M McLaughlin had Mr AG Coles, Stipendiary Steward, show a video replay of the final 300-400 metres of the race. He pointed out STANDREWS MASONIC, ridden by Ms Collett, racing outside the leader, LOCALLY SAUCED (C W Johnson) as the field entered the home straight. Ms Collett then struck the horse with the whip on 13-14 occasions prior to the 100 metres. Mr Coles said that the problem was that Ms Collett has stopped on two occasions but only for three strides and not for the required five strides.

That submission was accepted by Ms Collett who had nothing further to add.

Submissions for Penalty:

Mr McLaughlin informed the Committee that there was no recent breach of the Rule on Ms Collett’s record. He assessed the breach as being mid-range. He submitted that a fine of around $300 would be appropriate and consistent with other fines for breaches of the Rule since 1st August.

The basis for determining penalty was explained to Ms Collett by the Committee. She did not wish to make any submission regarding penalty. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors warranting an uplift in that starting point, as we agreed with Mr McLaughlin’s assessment of the breach as being mid-range.

Mitigating factors were Miss Collett’s previous good record and her frank admission of the breach. However, those factors were unexceptional and no discount was given for them.

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: 64a81e68996252973463d9c04e0a6467


informantnumber: A09510


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/09/2017


hearing_title: Ashburton RC 1 September 2017 - R 1 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 1, Stackhouse Farming Co Ltd Rating 65 Handicap, an information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Jockey (Class A), Ms ST Collett, alleging that Ms Collett as the rider of STANDREWS MASONIC in the race, had used her whip excessively prior to the 100 metres.

Ms Collett was present at the hearing of the information. She indicated that she understood the charge and that she admitted the breach.

She also confirmed that she was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.

Rule 638 provides 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

The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 final 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 a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr J M McLaughlin had Mr AG Coles, Stipendiary Steward, show a video replay of the final 300-400 metres of the race. He pointed out STANDREWS MASONIC, ridden by Ms Collett, racing outside the leader, LOCALLY SAUCED (C W Johnson) as the field entered the home straight. Ms Collett then struck the horse with the whip on 13-14 occasions prior to the 100 metres. Mr Coles said that the problem was that Ms Collett has stopped on two occasions but only for three strides and not for the required five strides.

That submission was accepted by Ms Collett who had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Collett having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr McLaughlin informed the Committee that there was no recent breach of the Rule on Ms Collett’s record. He assessed the breach as being mid-range. He submitted that a fine of around $300 would be appropriate and consistent with other fines for breaches of the Rule since 1st August.

The basis for determining penalty was explained to Ms Collett by the Committee. She did not wish to make any submission regarding penalty. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors warranting an uplift in that starting point, as we agreed with Mr McLaughlin’s assessment of the breach as being mid-range.

Mitigating factors were Miss Collett’s previous good record and her frank admission of the breach. However, those factors were unexceptional and no discount was given for them.


penalty:

Ms Collett was fined the sum of $300.


hearing_type: Hearing


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


Informant: Mr JM McLaughlin - Stipendiary Steward


JockeysandTrainer: Ms ST Collett - Licensed Jockey (Class A)


Otherperson: Mr AG Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 41b26be077cfa8b518312b306c769766


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e7dc0d41f78380b11957da494363a649


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/09/2017


meet_title: Ashburton RC - 1 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Ashburton RC