Ashburton RC 10 May 2019 – R 1 – Chair, Mr D Anderson
ID: JCA17033
Code:
Thoroughbred
Meet Title:
Ashburton RC - 10 May 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
GClapp
Race Date:
2019/05/10
Race Number:
R 1
Decision:
As Ms Hemi had admitted the charge, it was deemed to be proved.
Penalty:
Accordingly, Ms Hemi is fined $500.
Facts:
Following the running of Race 1 The COREY N EMMA FAREWELL TO AUS, an Information was filed by Stipendiary Steward Mr J McLaughlin against class A Jockey Ms L Hemi, alleging a breach of Rule 638(3)(b) (ii) “in that she used her whip excessively prior to the 100 metres”
Ms Hemi acknowledged that she understood the rule and confirmed her admission of the breach.
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 Coles demonstrated the incident using the available video footage. He identified Ms Hemi leading the field into the home straight and counted as she struck her mount 15 times prior to the 100 metres. He said that the strikes were not without pauses but were outside the guidelines.
He showed Ms Hemi pausing for 4 strides early in the straight and again for 2 strides which he said was not enough to keep within the rules.
Ms Hemi explained to the Committee the track was testing, the horse was in contention, and it is a very long straight. She said her competitiveness and the conditions contributed to the breach.
Submissions for Penalty:
Mr McLaughlin stated that Ms Hemi had one previous breach for excessive use of the whip within the last 12 months. That breach was on January 19 this year where Ms Hemi was fined $600. The breach was in the Wellington Cup, a group race, where Ms Hemi had run second and the fine was doubled for what was a first offence.
He said although the numbers were high Ms Hemi only needed to pause her whip use a few times and she would not be in front of the Committee.
He said the Stewards would expect a fine in line with the Penalty Guidelines which are for a fine of $500 for a second breach within 12 months.
Ms Hemi 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 within a 12 month period.
The aggravating factor for consideration were the number of strikes.
In mitigation we have Ms Hemi’s admission, but assessing these factors the Committee saw no exceptional circumstances to deviate from the JCA penalty guide starting point.
The Committee determined a $500 fine is an appropriate penalty 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: c4f01c456c977ee1f8dae43669937478
informantnumber: A11453
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 638(3)(b)(ii) - Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2019
hearing_title: Ashburton RC 10 May 2019 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1 The COREY N EMMA FAREWELL TO AUS, an Information was filed by Stipendiary Steward Mr J McLaughlin against class A Jockey Ms L Hemi, alleging a breach of Rule 638(3)(b) (ii) “in that she used her whip excessively prior to the 100 metres”
Ms Hemi acknowledged that she understood the rule and confirmed her admission of the breach.
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 Coles demonstrated the incident using the available video footage. He identified Ms Hemi leading the field into the home straight and counted as she struck her mount 15 times prior to the 100 metres. He said that the strikes were not without pauses but were outside the guidelines.
He showed Ms Hemi pausing for 4 strides early in the straight and again for 2 strides which he said was not enough to keep within the rules.
Ms Hemi explained to the Committee the track was testing, the horse was in contention, and it is a very long straight. She said her competitiveness and the conditions contributed to the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Hemi had admitted the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Ms Hemi had one previous breach for excessive use of the whip within the last 12 months. That breach was on January 19 this year where Ms Hemi was fined $600. The breach was in the Wellington Cup, a group race, where Ms Hemi had run second and the fine was doubled for what was a first offence.
He said although the numbers were high Ms Hemi only needed to pause her whip use a few times and she would not be in front of the Committee.
He said the Stewards would expect a fine in line with the Penalty Guidelines which are for a fine of $500 for a second breach within 12 months.
Ms Hemi 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 within a 12 month period.
The aggravating factor for consideration were the number of strikes.
In mitigation we have Ms Hemi’s admission, but assessing these factors the Committee saw no exceptional circumstances to deviate from the JCA penalty guide starting point.
The Committee determined a $500 fine is an appropriate penalty in this case.
penalty:
Accordingly, Ms Hemi is fined $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Ms L Hemi - Class A Jockey
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c112dba0976a14a40b43f3f23fcba93
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9797e98915a4f4064918b708409460b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2019
meet_title: Ashburton RC - 10 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: GClapp
meet_pm2: none
name: Ashburton RC