Auckland RC 10 March 2018 – R 9 – Chair, Mr A Dooley
ID: JCA18020
Code:
Thoroughbred
Meet Title:
Auckland RC - 10 March 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/03/10
Race Number:
Race 9
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr McNab was fined $800.
Facts:
Following the running of race 9, Barfoot & Thompson Auckland Cup (Group 1), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr McNab used the whip excessively when riding WILDFLOWER prior to the 100 metres.
Mr McNab admitted the breach and endorsed the Information “I did not wish to be present at the hearing”.
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 Coles demonstrated the incident using the available video footage. He identified Mr McNab and showed that he struck his mount 10 times prior to the 100 metres. He said at no stage did Mr McNab give his mount the required respite of 5 strides.
Submissions for Penalty:
Mr Oatham said that Mr McNab had 1 previous breach of this Rule in September 2017 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a second breach was a $500 fine. He said the aggravating factors were the breach occurred in a Group 1 race worth $500,000 which necessitated an uplift in penalty. Mr Oatham submitted that a fine in the vicinity of $750 should be imposed.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine and that includes mitigating factors.
The Committee referred to the JCA listing of penalties for a Group 1 race when deliberating on an appropriate penalty.
The aggravating factors were the breach occurred in a Group 1 race worth $500,000. For these combined factors the Committee applied a $300 uplift.
WILDFLOWER finished in 3rd place.
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: e2d4b62909012c388056adc63e807afa
informantnumber: A10056
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2018
hearing_title: Auckland RC 10 March 2018 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 9, Barfoot & Thompson Auckland Cup (Group 1), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr McNab used the whip excessively when riding WILDFLOWER prior to the 100 metres.
Mr McNab admitted the breach and endorsed the Information “I did not wish to be present at the hearing”.
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 Coles demonstrated the incident using the available video footage. He identified Mr McNab and showed that he struck his mount 10 times prior to the 100 metres. He said at no stage did Mr McNab give his mount the required respite of 5 strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr McNab had 1 previous breach of this Rule in September 2017 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a second breach was a $500 fine. He said the aggravating factors were the breach occurred in a Group 1 race worth $500,000 which necessitated an uplift in penalty. Mr Oatham submitted that a fine in the vicinity of $750 should be imposed.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine and that includes mitigating factors.
The Committee referred to the JCA listing of penalties for a Group 1 race when deliberating on an appropriate penalty.
The aggravating factors were the breach occurred in a Group 1 race worth $500,000. For these combined factors the Committee applied a $300 uplift.
WILDFLOWER finished in 3rd place.
penalty:
Accordingly, Mr McNab was fined $800.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr M McNab - Class A Rider of WILDFLOWER
Otherperson: Mr Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 595a166ab5412e5a12b71a1d73f5c134
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b4066cb6ae32140946917d86dcccd5b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2018
meet_title: Auckland RC - 10 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC