Archive Decision

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Auckland RC 1 January 2018 – R 6 – Chair, Mr N McCutcheon

ID: JCA13954

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr L Innes - Rider of MAGIC CHAI

Information Number:
A10032

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 January 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ADooley

Race Date:
2018/01/01

Race Number:
R 6

Decision:

Due to the breach being admitted it was deemed to be proved by the Committee.

Penalty:

Mr Innes was fined $500.

Facts:

Following the running of Race 6, (Dunstan Feeds Stayers Championship Final), Information No. A10032 was filed with the Judicial Committee. It was alleged by the Informant that Mr Innes had used his whip excessively prior to the 100m on his mount MAGIC CHAI.

Rule 638(3)(b)(ii) provides:
A rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Innes said that he understood the Rule, Whip Guidelines and confirmed that he admitted the breach.

Mr Oatham showed the film replays and said that Mr Innes had hit his horse 12 times prior to the 100m without the necessary respite.

Mr Innes said that he had no excuses; it was a bad error and added that there was no clear mark indicating the 100m on the outside rail.

Submissions for Penalty:

Mr Oatham produced Mr Innes’ record which showed one prior breach on 19 December 2017 when a $350 fine was imposed. He placed todays breach in the mid-range category and said that the JCA starting point for a second breach since 1 August 2017 was a fine of $500.

Mr Innes did not have any comment to make regarding penalty.

Reasons for Penalty:

The Committee was mindful of the JCA Penalty Guide and after taking into account the admittance of the breach, the mid-range whip use and the second breach since 1 August 2017, determined that a fine in line with the Penalty Guide was an appropriate penalty.

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: 8428a5841b8119ea2c8c49a86fbdaad0


informantnumber: A10032


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/01/2018


hearing_title: Auckland RC 1 January 2018 - R 6 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 6, (Dunstan Feeds Stayers Championship Final), Information No. A10032 was filed with the Judicial Committee. It was alleged by the Informant that Mr Innes had used his whip excessively prior to the 100m on his mount MAGIC CHAI.

Rule 638(3)(b)(ii) provides:
A rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Innes said that he understood the Rule, Whip Guidelines and confirmed that he admitted the breach.

Mr Oatham showed the film replays and said that Mr Innes had hit his horse 12 times prior to the 100m without the necessary respite.

Mr Innes said that he had no excuses; it was a bad error and added that there was no clear mark indicating the 100m on the outside rail.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Due to the breach being admitted it was deemed to be proved by the Committee.


sumissionsforpenalty:

Mr Oatham produced Mr Innes’ record which showed one prior breach on 19 December 2017 when a $350 fine was imposed. He placed todays breach in the mid-range category and said that the JCA starting point for a second breach since 1 August 2017 was a fine of $500.

Mr Innes did not have any comment to make regarding penalty.


reasonsforpenalty:

The Committee was mindful of the JCA Penalty Guide and after taking into account the admittance of the breach, the mid-range whip use and the second breach since 1 August 2017, determined that a fine in line with the Penalty Guide was an appropriate penalty.


penalty:

Mr Innes was fined $500.


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr L Innes - Rider of MAGIC CHAI


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f7d8c7c85726909ca800600043d908a7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f11e40d57350a3ba2a922e656aad8145


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2018


meet_title: Auckland RC - 1 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC