Auckland RC 30 March 2019 – R 5 – Chair, Mr A Dooley
ID: JCA11080
Code:
Thoroughbred
Meet Title:
Auckland RC - 30 March 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/03/30
Race Number:
R5
Decision:
As Mr Bakar admitted the breach we found the charge proved.
Penalty:
Accordingly, Mr Bakar had his license to ride in races suspended for a period to commence after racing on 30 March and conclude after racing on 10 April 2019.
31 March race meeting at Invercargill was not included in the penalty as rider declarations had already closed.
Facts:
Following the running of race 5, Electrolux Sprint, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bakar used his whip excessively when riding KINGSGUARD prior to the 100 metres.
Mr Bakar said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Bakar 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 Jones demonstrated the incident using the available video footage. He identified Mr Bakar and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there was a slight pause after 7 strikes but clearly not for the required 5 strides. Mr Jones added that in contrast to his previous breach in race 3 today the strikes were not forceful and to his credit his style had improved.
Mr Bakar accepted Mr Jones’ interpretation of the incident and said he stopped for 2 strides instead of the required 5 strides.
Mr Harris said that Mr Bakar got excited because he was going to win the race.
Mr Harris said that this is Mr Bakar’s last day of riding in New Zealand as he is going to Singapore to work for Mr M Walker’s stable.
Submissions for Penalty:
Mr Williamson said that Mr Bakar breached this Rule on 24/11/2018 when he struck his mount 18 times prior to the 100 metres and incurred a 12 day suspension. He said that Mr Bakar incurred a $600 fine (today) for excessive use of the whip and therefore this being his 3rd breach of the Rule a suspension of not less than 6 days would be appropriate.
Mr Harris asked the Committee for leniency given it was Mr Bakar’s last day of riding in New Zealand. He added that the language barrier had been difficult for Mr Bakar.
Mr Bakar confirmed he was going to Singapore on Monday and said any proposed suspension could start immediately.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
The strikes were not forceful in contrast to the breach in race 3 and there were some pauses with the use of whip.
While the Committee is concerned that this is Mr Bakar’s second breach on the day; this being his 3rd breach in the last 12 months is reflected in the starting point of 6 to 8 day suspension.
Given the circumstances in this case we considered an appropriate suspension would be 6 days.
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: 1c419495ab33fc7973689beb01c4dbb8
informantnumber: A11089
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/03/2019
hearing_title: Auckland RC 30 March 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Electrolux Sprint, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bakar used his whip excessively when riding KINGSGUARD prior to the 100 metres.
Mr Bakar said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Bakar 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 Jones demonstrated the incident using the available video footage. He identified Mr Bakar and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there was a slight pause after 7 strikes but clearly not for the required 5 strides. Mr Jones added that in contrast to his previous breach in race 3 today the strikes were not forceful and to his credit his style had improved.
Mr Bakar accepted Mr Jones’ interpretation of the incident and said he stopped for 2 strides instead of the required 5 strides.
Mr Harris said that Mr Bakar got excited because he was going to win the race.
Mr Harris said that this is Mr Bakar’s last day of riding in New Zealand as he is going to Singapore to work for Mr M Walker’s stable.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bakar admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Bakar breached this Rule on 24/11/2018 when he struck his mount 18 times prior to the 100 metres and incurred a 12 day suspension. He said that Mr Bakar incurred a $600 fine (today) for excessive use of the whip and therefore this being his 3rd breach of the Rule a suspension of not less than 6 days would be appropriate.
Mr Harris asked the Committee for leniency given it was Mr Bakar’s last day of riding in New Zealand. He added that the language barrier had been difficult for Mr Bakar.
Mr Bakar confirmed he was going to Singapore on Monday and said any proposed suspension could start immediately.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
The strikes were not forceful in contrast to the breach in race 3 and there were some pauses with the use of whip.
While the Committee is concerned that this is Mr Bakar’s second breach on the day; this being his 3rd breach in the last 12 months is reflected in the starting point of 6 to 8 day suspension.
Given the circumstances in this case we considered an appropriate suspension would be 6 days.
penalty:
Accordingly, Mr Bakar had his license to ride in races suspended for a period to commence after racing on 30 March and conclude after racing on 10 April 2019.
31 March race meeting at Invercargill was not included in the penalty as rider declarations had already closed.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr N Bakar - Apprentice Jockey of KINGSGUARD
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Bakar, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 07a9b8a4e14fc12eb1a54e1cded146b2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e15b7f4bc9a69a4e01e65a4cbb2a14de
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2019
meet_title: Auckland RC - 30 March 2019
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