Auckland RC 28 November 2020 – R 3 – Chair, Mr G Jones
ID: JCA13393
Code:
Thoroughbred
Meet Title:
Auckland RC - 28 November 2020
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2020/11/28
Race Number:
R3
Decision:
As Miss McCall admitted the breach the charge is proved.
Penalty:
Accordingly, Miss McCall is fined the sum of $300.
Facts:
This charge arises from the running of Race No 3, the Dunstan Feeds Stayers Championship Qualifier 2200 metres. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638(3)(b)(ii) alleging that Apprentice Rider Miss E McCall used her whip excessively on her mount MOTUMAN prior to the 100 metres.
Miss McCall acknowledged she understood the nature of the charge and the relevant Rule. She confirmed her admission of the breach. She was assisted and supported at the hearing by Apprentice Jockey Mentor Mr N Harris.
Rule 638(3)(b)(ii) provides that 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” provide:
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.
Using available video footage Miss Algar demonstrated that Miss McCall struck her mount with the whip 8 times from the straight entrance to the 100-metre mark. She added that two of the strikes were consecutive.
In response Miss McCall agreed that she struck her mount 8 times and had nothing further to add.
Mr Harris said that none of the strikes were forceful.
Submissions for Penalty:
Mr Williamson produced Miss McCall’s record which showed no previous breaches under this Rule in the last 12 months. On that basis he submitted she has a good record. He further submitted that there were no specific aggravating or mitigating factors and suggested a fine of $300 be imposed.
Miss McCall accepted that a fine was inevitable and Mr Harris submitted that although she has been riding for 2.5 years, she is still developing her use of whip technique. He reiterated his earlier comment that none of the strikes were forceful.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented. When reviewing the video films, we confirmed that Miss McCall struck her mount 8 times, without the required respite. Two of the strikes were continuous but we accept the submission that none were particularly forceful.
The JCA Penalty Guide establishes the starting point for (first, second, or third) breaches of Rule 638(3) (b) (ii) as follows:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
After taking into account all the above factors the Committee considers a $300 fine is appropriate.
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: 6c7ce403a1ce839be647c371ac8638c6
informantnumber: A13432
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/11/2020
hearing_title: Auckland RC 28 November 2020 – R 3 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race No 3, the Dunstan Feeds Stayers Championship Qualifier 2200 metres. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638(3)(b)(ii) alleging that Apprentice Rider Miss E McCall used her whip excessively on her mount MOTUMAN prior to the 100 metres.
Miss McCall acknowledged she understood the nature of the charge and the relevant Rule. She confirmed her admission of the breach. She was assisted and supported at the hearing by Apprentice Jockey Mentor Mr N Harris.
Rule 638(3)(b)(ii) provides that 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” provide:
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.
Using available video footage Miss Algar demonstrated that Miss McCall struck her mount with the whip 8 times from the straight entrance to the 100-metre mark. She added that two of the strikes were consecutive.
In response Miss McCall agreed that she struck her mount 8 times and had nothing further to add.
Mr Harris said that none of the strikes were forceful.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss McCall admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Williamson produced Miss McCall’s record which showed no previous breaches under this Rule in the last 12 months. On that basis he submitted she has a good record. He further submitted that there were no specific aggravating or mitigating factors and suggested a fine of $300 be imposed.
Miss McCall accepted that a fine was inevitable and Mr Harris submitted that although she has been riding for 2.5 years, she is still developing her use of whip technique. He reiterated his earlier comment that none of the strikes were forceful.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented. When reviewing the video films, we confirmed that Miss McCall struck her mount 8 times, without the required respite. Two of the strikes were continuous but we accept the submission that none were particularly forceful.
The JCA Penalty Guide establishes the starting point for (first, second, or third) breaches of Rule 638(3) (b) (ii) as follows:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
After taking into account all the above factors the Committee considers a $300 fine is appropriate.
penalty:
Accordingly, Miss McCall is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Miss E McCall (Apprentice Jockey)
Otherperson: Mr N Harris (Apprentice Jockey Mentor), Miss V Algar (Stipendiary Steward)
PersonPresent:
Respondent:
StipendSteward:
raceid: 71b6062985d14280f75428262868e087
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4f1bfcd09a81363a72ffd80f3668ec6a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2020
meet_title: Auckland RC - 28 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland RC