Archive Decision

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Ashburton RC 19 October 2019 – R 6 – Chair, Mr S Ching

ID: JCA17427

Applicant:
J Oatham, Chief Stipendiary Steward

Respondent(s):
S Toolooa, Licensed (Class B) Rider

Other Person:
D Walsh NZTR Apprentice Jockey Mentor

Information Number:
A11535

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 19 October 2019

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2019/10/19

Race Number:
R6

Decision:

The charge was found proved.

Penalty:

Accordingly, Mr Toolooa is fined the sum of $400.

Facts:

Subsequent to the running of Race 6, the Valachi Downs 1400, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Class B Rider, Mr S Toolooa, alleging that as the rider of DANGEROUS PONY in the race, used his whip excessively prior to the 100 metres.

Mr Toolooa was present at the hearing of the information and confirmed he admitted the breach. Mr Toolooa was assisted at the hearing by Apprentice Jockey Mentor, Mr D Walsh.

Mr Oatham, showed video replays of the final 300 metres of the race. He pointed out Mr Toolooa riding DANGEROUS PONY in a challenging position approximately 3 to 4 off the rail as the field entered the home straight. Mr Oatham showed that from near the 300m, Mr Toolooa drew the whip and struck his mount on 8 occasions prior to the 100m, which was outside the Use of the Whip Guidelines of a maximum of 5 strikes before the 100m. Of concern, Mr Oatham said, was that the horse was giving ground quickly and the last 2 strikes were on a horse clearly out of contention.

Submissions for Penalty:

Mr Oatham told the Committee that the new Whip Guidelines had been in use since 7 October when the whip penalty records of all riders, were reset and all had clear records. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. Mr Oatham submitted that an uplift be considered due to the horse being struck by Mr Toolooa, when out of contention.

Reasons for Penalty:

The JCA Penalty Guidelines provides a starting point of a $300 fine, mitigation inclusive, for an initial breach of this rule. The aggravating factor is that Mr Toolooa used the whip, at least twice, on a horse giving ground and out of contention. We determined that this factor warranted an uplift in penalty which we set at $100.

We therefore determined that a fine of $400 was 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: e2d22910b5c629ece04d3b93b629cc73


informantnumber: A11535


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 22/10/2019


hearing_title: Ashburton RC 19 October 2019 - R 6 - Chair, Mr S Ching


charge:


facts:

Subsequent to the running of Race 6, the Valachi Downs 1400, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Class B Rider, Mr S Toolooa, alleging that as the rider of DANGEROUS PONY in the race, used his whip excessively prior to the 100 metres.

Mr Toolooa was present at the hearing of the information and confirmed he admitted the breach. Mr Toolooa was assisted at the hearing by Apprentice Jockey Mentor, Mr D Walsh.

Mr Oatham, showed video replays of the final 300 metres of the race. He pointed out Mr Toolooa riding DANGEROUS PONY in a challenging position approximately 3 to 4 off the rail as the field entered the home straight. Mr Oatham showed that from near the 300m, Mr Toolooa drew the whip and struck his mount on 8 occasions prior to the 100m, which was outside the Use of the Whip Guidelines of a maximum of 5 strikes before the 100m. Of concern, Mr Oatham said, was that the horse was giving ground quickly and the last 2 strikes were on a horse clearly out of contention.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that the new Whip Guidelines had been in use since 7 October when the whip penalty records of all riders, were reset and all had clear records. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. Mr Oatham submitted that an uplift be considered due to the horse being struck by Mr Toolooa, when out of contention.


reasonsforpenalty:

The JCA Penalty Guidelines provides a starting point of a $300 fine, mitigation inclusive, for an initial breach of this rule. The aggravating factor is that Mr Toolooa used the whip, at least twice, on a horse giving ground and out of contention. We determined that this factor warranted an uplift in penalty which we set at $100.

We therefore determined that a fine of $400 was an appropriate penalty in this case.


penalty:

Accordingly, Mr Toolooa is fined the sum of $400.


hearing_type: Hearing


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


Informant: J Oatham, Chief Stipendiary Steward


JockeysandTrainer: S Toolooa, Licensed (Class B) Rider


Otherperson: D Walsh NZTR Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 4aa02d22c785fd65d841495873851a8b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 71ac1e31c45f9cdfede2df18c552de77


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/10/2019


meet_title: Ashburton RC - 19 October 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Ashburton RC