Archive Decision

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Ashburton RC 9 March 2017 – R 1 – Chair, Mr D Anderson

ID: JCA18210

Applicant:
M Williamson-Stipendiary Steward

Respondent(s):
R Yatim Apprentice Jockey

Other Person:
W Harnett Apprentice Jockey Mentor, J McLaughlin - Stipendiary Steward

Information Number:
A8530

Hearing Type:
Hearing

New Charge:
Breach of Rule 638(3)(b)(ii) –Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 9 March 2017

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/03/09

Race Number:
R1

Decision:

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

Penalty:

Accordingly, Mr Yatim was fined the sum of $300.

Facts:

Following the running of Race 1 the Fasttrack Insurance Rating 75, an Information was filed by Stipendiary Steward Mr M Williamson against Apprentice Jockey, Mr R Yatim alleging a breach of Rule 638(3)(b) (ii) in that he used his whip excessively on “Flying Sardine” prior to the 200m.

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

Mr Yatim had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Yatim also confirmed he understood the rule he was being charged with.

Mr Yatim was assisted at the hearing by Mr Harnett the Apprentice Jockey Mentor.

Mr McLaughlin used the race video to identify Mr Yatim riding “Flying Sardine” entering the home straight on the outside of the field. He pointed to Mr Yatim drawing his whip and striking his mount on 10 occasions before the 200 metres. Mr Yatim did not stop riding with the whip for the required six strides as per the guidelines.

Mr Yatim and Mr Harnett agreed with Mr McLaughlin’s submissions.

Mr Williamson said that he had some concerns about Mr Yatim’s whip action being extravagant and that he would expect him to rectify this.

The guidelines with respect to acceptable use of the whip states “That once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any other stage the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually”.

Submissions for Penalty:

Mr Williamson stated that Mr Yatim had a clear penalty record in relation to this rule and had admitted the breach at the first opportunity. Mr Williamson stated that the JCA Penalty Guide indicated a starting point of $500 for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case as he saw it as a low-level breach.

Mr Yatim made no submissions in regard to penalty.

Mr Harnett said that he agreed with the submissions and added that Mr Yatim is relatively new to riding here and was addressing his riding style, which was fashioned in Singapore.

Reasons for Penalty:

In determining penalty, the Committee took into consideration Mr Yatim’s clear penalty record and his ready admission of the breach. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Mr Yatim a discount of $100 for his clear record and a further discount of $100 for his admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $300.

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: fbcf02a911b015e0a2c29cff338fd1b8


informantnumber: A8530


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: 11/03/2017


hearing_title: Ashburton RC 9 March 2017 - R 1 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 1 the Fasttrack Insurance Rating 75, an Information was filed by Stipendiary Steward Mr M Williamson against Apprentice Jockey, Mr R Yatim alleging a breach of Rule 638(3)(b) (ii) in that he used his whip excessively on “Flying Sardine” prior to the 200m.

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

Mr Yatim had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Yatim also confirmed he understood the rule he was being charged with.

Mr Yatim was assisted at the hearing by Mr Harnett the Apprentice Jockey Mentor.

Mr McLaughlin used the race video to identify Mr Yatim riding “Flying Sardine” entering the home straight on the outside of the field. He pointed to Mr Yatim drawing his whip and striking his mount on 10 occasions before the 200 metres. Mr Yatim did not stop riding with the whip for the required six strides as per the guidelines.

Mr Yatim and Mr Harnett agreed with Mr McLaughlin’s submissions.

Mr Williamson said that he had some concerns about Mr Yatim’s whip action being extravagant and that he would expect him to rectify this.

The guidelines with respect to acceptable use of the whip states “That once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any other stage the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Williamson stated that Mr Yatim had a clear penalty record in relation to this rule and had admitted the breach at the first opportunity. Mr Williamson stated that the JCA Penalty Guide indicated a starting point of $500 for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case as he saw it as a low-level breach.

Mr Yatim made no submissions in regard to penalty.

Mr Harnett said that he agreed with the submissions and added that Mr Yatim is relatively new to riding here and was addressing his riding style, which was fashioned in Singapore.


reasonsforpenalty:

In determining penalty, the Committee took into consideration Mr Yatim’s clear penalty record and his ready admission of the breach. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Mr Yatim a discount of $100 for his clear record and a further discount of $100 for his admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $300.


penalty:

Accordingly, Mr Yatim was fined the sum of $300.


hearing_type: Hearing


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


Informant: M Williamson-Stipendiary Steward


JockeysandTrainer: R Yatim Apprentice Jockey


Otherperson: W Harnett Apprentice Jockey Mentor, J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 30ede8e5deb5b0cc3ecb314af69e437d


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: f376074125256f62b33aa4ceeea38830


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/03/2017


meet_title: Ashburton RC - 9 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Ashburton RC