Ashburton RC 29 October 2020 – R 9 – Chair, Mr S Ching
ID: JCA16559
Code:
Thoroughbred
Meet Title:
Ashburton RC - 29 October 2020
Meet Chair:
SChing
Race Date:
2020/10/29
Race Number:
R9
Decision:
Mr Lowry having admitted the breach; the charge was found proved.
Penalty:
Mr Lowry is fined the sum of $400.
Facts:
Following the running of Race 9, the Series Race 1400, an Information was filed by Stipendiary Steward, Ms V Algar, against Jockey (Class A), Mr J Lowry alleging that, as the rider of CAITLYN JAY in the race, he used his whip excessively prior to the 100m.
Mr Lowry was present at the hearing of the Information and had endorsed the Information that the breach was admitted. He also confirmed that he understood the provisions of the rule he was being charged with.
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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Lowry riding CAITLYN JAY, positioned midfield and 3 off the rail as the field entered the home straight. He said that inside the 400m, Mr Lowry drew the whip and used it on 9 occasions, prior to the 100m. Ms Algar stated that Mr Lowry went on to win the race.
Mr Lowry did not dispute the number of strikes contended by Ms Algar.
Submissions for Penalty:
Ms Algar told the Committee that Mr Lowry had a clear record in regard to this rule. She stated that the JCA Penalty Guide provides a starting point of a $300 fine for a first offence. Ms Algar submitted that an aggravating factor to consider was the fact that Mr Lowry went on to win the race.
Mr Lowry agreed that going on to win the race was an aggravating factor which needed to be considered in penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We determined that there was an aggravating factor to consider, being that Mr Lowry went on to win the race, which warranted an uplift in penalty. This uplift we set at $100.
We therefore determined that a $400 fine 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: c5a43d92d9cccca29f3ab70a9d8d39ae
informantnumber: A11974
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2020
hearing_title: Ashburton RC 29 October 2020 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Series Race 1400, an Information was filed by Stipendiary Steward, Ms V Algar, against Jockey (Class A), Mr J Lowry alleging that, as the rider of CAITLYN JAY in the race, he used his whip excessively prior to the 100m.
Mr Lowry was present at the hearing of the Information and had endorsed the Information that the breach was admitted. He also confirmed that he understood the provisions of the rule he was being charged with.
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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Lowry riding CAITLYN JAY, positioned midfield and 3 off the rail as the field entered the home straight. He said that inside the 400m, Mr Lowry drew the whip and used it on 9 occasions, prior to the 100m. Ms Algar stated that Mr Lowry went on to win the race.
Mr Lowry did not dispute the number of strikes contended by Ms Algar.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Lowry having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Ms Algar told the Committee that Mr Lowry had a clear record in regard to this rule. She stated that the JCA Penalty Guide provides a starting point of a $300 fine for a first offence. Ms Algar submitted that an aggravating factor to consider was the fact that Mr Lowry went on to win the race.
Mr Lowry agreed that going on to win the race was an aggravating factor which needed to be considered in penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We determined that there was an aggravating factor to consider, being that Mr Lowry went on to win the race, which warranted an uplift in penalty. This uplift we set at $100.
We therefore determined that a $400 fine was an appropriate penalty in this case.
penalty:
Mr Lowry is fined the sum of $400.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: V Algar- Stipendiary Steward
JockeysandTrainer: J Lowry-Licensed Jockey (Class A)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e5597084312b34f72de3ccb6ee4cf372
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4331e2760aa7a34333f0528431421fa0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2020
meet_title: Ashburton RC - 29 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC