Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland RC 2 June 2014 – R 9

ID: JCA14409

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr M Cameron - Class A Rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A6044

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 2 June 2014

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2014/06/02

Race Number:
R9

Decision:

As Mr Cameron admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Cameron is fined the sum of $350.

Facts:

Following the running of race 9, Superloo Sanitation Mile, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Williamson, alleged that Mr Cameron used the whip excessively prior to the 200 metres on his mount, NANCYLEE.

Mr Cameron acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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

Mr Oatham demonstrated on the video films Mr Cameron used his whip approximately 12 times prior to the 200 metres. He said Mr Cameron strikes were initially back handers with some pauses before he reverted to forehand strikes. He added NANCYLEE won the race.

Mr Cameron said his mount was hard work and needed help. Mr Cameron conceded that he got “carried away” and acknowledged he struck his mount 12 times prior to the final 200 metres without the required respite.

Submissions for Penalty:

Mr Williamson produced Mr Cameron's record which showed 2 previous breaches of this Rule in the last 12 months. These were 29 June 2013 incurring a $150 fine and 16 September 2013 which incurred a $250 fine. He said Mr Cameron won the race and may have gained an advantage. He said this was Mr Cameron’s 3rd breach but noted he was one of the busiest riders and it has been 8 months since he breached this Rule. Mr Williamson submitted he would leave it to the Committee to determine an appropriate penalty.

Mr Cameron recognised a monetary penalty was appropriate and conceded excessive use of the whip does provide a negative image to the racing industry.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cameron’s admission of the breach, the number of strikes (12) we assess at the low end noting Mr Cameron did give his mount some respite for several strides, the severity we assessed at the low end. However, the aggravating fact is that this was Mr Cameron’s third breach under this Rule in the last 12 months.

The Committee had regard for the fact that Mr Cameron is one of the busiest riders and it had been 8 months since he breached this Rule. The Committee emphasised to Mr Cameron that excessive use of the whip delivers a negative image for the racing industry.

Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.

The Committee advised Mr Cameron that any further breach of this Rule in the near future would likely result in a higher penalty or possibly a suspension.

After taking into account all of the above factors we consider an appropriate penalty is a $350 fine.

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: 7f26c1659d0e383a216d41e21ef170f9


informantnumber: A6044


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2014


hearing_title: Auckland RC 2 June 2014 - R 9


charge:


facts:

Following the running of race 9, Superloo Sanitation Mile, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Williamson, alleged that Mr Cameron used the whip excessively prior to the 200 metres on his mount, NANCYLEE.

Mr Cameron acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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

Mr Oatham demonstrated on the video films Mr Cameron used his whip approximately 12 times prior to the 200 metres. He said Mr Cameron strikes were initially back handers with some pauses before he reverted to forehand strikes. He added NANCYLEE won the race.

Mr Cameron said his mount was hard work and needed help. Mr Cameron conceded that he got “carried away” and acknowledged he struck his mount 12 times prior to the final 200 metres without the required respite.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cameron admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Cameron's record which showed 2 previous breaches of this Rule in the last 12 months. These were 29 June 2013 incurring a $150 fine and 16 September 2013 which incurred a $250 fine. He said Mr Cameron won the race and may have gained an advantage. He said this was Mr Cameron’s 3rd breach but noted he was one of the busiest riders and it has been 8 months since he breached this Rule. Mr Williamson submitted he would leave it to the Committee to determine an appropriate penalty.

Mr Cameron recognised a monetary penalty was appropriate and conceded excessive use of the whip does provide a negative image to the racing industry.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cameron’s admission of the breach, the number of strikes (12) we assess at the low end noting Mr Cameron did give his mount some respite for several strides, the severity we assessed at the low end. However, the aggravating fact is that this was Mr Cameron’s third breach under this Rule in the last 12 months.

The Committee had regard for the fact that Mr Cameron is one of the busiest riders and it had been 8 months since he breached this Rule. The Committee emphasised to Mr Cameron that excessive use of the whip delivers a negative image for the racing industry.

Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.

The Committee advised Mr Cameron that any further breach of this Rule in the near future would likely result in a higher penalty or possibly a suspension.

After taking into account all of the above factors we consider an appropriate penalty is a $350 fine.


penalty:

Accordingly, Mr Cameron is fined the sum of $350.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr M Cameron - Class A Rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f123d3942098fd549218031eaf72cda2


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: ebdbe8fe43f721276c4209fececff86e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/06/2014


meet_title: Auckland RC - 2 June 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland RC