Auckland RC 3 June 2018 – R 1 – Chair, Mr A Dooley
ID: JCA14303
Code:
Thoroughbred
Meet Title:
Auckland RC - 3 June 2018
Meet Chair:
ADooley
Meet Committee Member 1:
NMcCutcheon
Race Date:
2018/06/03
Race Number:
R1
Decision:
As Mr Cushing admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Cushing was fined $300.
Facts:
Following the running of race 1, Celebrating Volpe Veloce 2200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Amateur Rider, Mr Cushing, used his whip excessively when riding DEFER.
Mr Jones read the Rule aloud to Mr Cushing.
Mr Cushing admitted the breach and said that he understood the Rule.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Cushing and showed that he struck his mount 15 times from the 500 metres to the 100 metres. He said that Mr Cushing paused his use of the whip but not for the minimum 5 strides.
Mr Cushing told the Committee he didn’t realise that using the whip on the shoulder of his mount was counted as a strike. He accepted that he struck his mount 15 times prior to the 100 metres.
Submissions for Penalty:
Mr Jones said that Mr Cushing had a clear record under this Rule and he admitted the breach. He said there was no force in the use of the whip and submitted a fine in the vicinity of $300.
Mr Cushing submitted that due to increasing weight today was going to be his last race day ride.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine and this includes all riders.
It was clear when reviewing the incident that the strikes were primarily on the shoulder and they were not forceful.
The mitigating factors were not exceptional therefore they were not addressed in 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: 7226b48a4ea47c315f85509a741464c3
informantnumber: A7348
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/06/2018
hearing_title: Auckland RC 3 June 2018 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Celebrating Volpe Veloce 2200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Amateur Rider, Mr Cushing, used his whip excessively when riding DEFER.
Mr Jones read the Rule aloud to Mr Cushing.
Mr Cushing admitted the breach and said that he understood the Rule.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Cushing and showed that he struck his mount 15 times from the 500 metres to the 100 metres. He said that Mr Cushing paused his use of the whip but not for the minimum 5 strides.
Mr Cushing told the Committee he didn’t realise that using the whip on the shoulder of his mount was counted as a strike. He accepted that he struck his mount 15 times prior to the 100 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cushing admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Cushing had a clear record under this Rule and he admitted the breach. He said there was no force in the use of the whip and submitted a fine in the vicinity of $300.
Mr Cushing submitted that due to increasing weight today was going to be his last race day ride.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine and this includes all riders.
It was clear when reviewing the incident that the strikes were primarily on the shoulder and they were not forceful.
The mitigating factors were not exceptional therefore they were not addressed in penalty.
penalty:
Accordingly, Mr Cushing was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr H Cushing - Amateur Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 37a7154f30201cef10c52b33eacd52bf
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: f2ada0371af934083894b26a2f5a031e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2018
meet_title: Auckland RC - 3 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: NMcCutcheon
meet_pm2: none
name: Auckland RC