Auckland RC 3 March 2018 – R 2 – Chair, Mr A Dooley
ID: JCA17575
Code:
Thoroughbred
Meet Title:
Auckland RC - 3 March 2018
Meet Chair:
ADooley
Meet Committee Member 1:
SChing
Race Date:
2018/03/03
Race Number:
Race 2
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Fawcett was fined $500.
In conclusion the Committee advised Ms Fawcett that a 3rd breach of this Rule would result in a suspension and the reset period for her record is 12 months.
Facts:
Following the running of race 2, The New Zealand Herald 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Fawcett used the whip excessively when riding EENY MEENY MINY MO.
Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Fawcett 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 Williamson demonstrated the incident using the available video footage. He identified Ms Fawcett and showed that she struck her mount 10 times prior to the 100 metres. He said the strikes were not continuous and there was no force applied.
Ms Fawcett accepted that she struck her mount 10 times prior to the 100 metres.
Mr Harris said that it was disappointing that each week Apprentice riders were breaching this Rule. He added that the strikes had no strength.
Submissions for Penalty:
Mr Oatham said that Ms Fawcett breached this Rule on 29 September 2017 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and the Stewards had no reason for the Committee to deviate from that sum.
Ms Fawcett had no submission on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine which includes mitigating factors.
There were no aggravating factors.
The mitigating factors were Ms Fawcett’s admission of the breach and there was zero force applied.
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: f435d1ec1cb88bbb40db8d8f986d4f16
informantnumber: A10024
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/03/2018
hearing_title: Auckland RC 3 March 2018 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, The New Zealand Herald 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Fawcett used the whip excessively when riding EENY MEENY MINY MO.
Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Fawcett 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 Williamson demonstrated the incident using the available video footage. He identified Ms Fawcett and showed that she struck her mount 10 times prior to the 100 metres. He said the strikes were not continuous and there was no force applied.
Ms Fawcett accepted that she struck her mount 10 times prior to the 100 metres.
Mr Harris said that it was disappointing that each week Apprentice riders were breaching this Rule. He added that the strikes had no strength.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Ms Fawcett breached this Rule on 29 September 2017 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and the Stewards had no reason for the Committee to deviate from that sum.
Ms Fawcett had no submission on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine which includes mitigating factors.
There were no aggravating factors.
The mitigating factors were Ms Fawcett’s admission of the breach and there was zero force applied.
penalty:
Accordingly, Ms Fawcett was fined $500.
In conclusion the Committee advised Ms Fawcett that a 3rd breach of this Rule would result in a suspension and the reset period for her record is 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms J Fawcett - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 17d0cbca3f4460fc29b02bb4cc69bf13
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e67bf604a412aac2117deb61e48a8b0e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2018
meet_title: Auckland RC - 3 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: SChing
meet_pm2: none
name: Auckland RC