Auckland RC 9 September 2017 – R 3 – Chair, Mr A Dooley
ID: JCA17363
Code:
Thoroughbred
Meet Title:
Auckland RC - 9 September 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/09/09
Race Number:
R3
Decision:
As Mr Kuru admitted the breach, the Committee found the charge proved.
Penalty:
Mr Kuru was fined $300.
Facts:
Following the running of race 3, Hyland Race Colours Steeplechase, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Kuru used his whip excessively when riding TOP CHOICE prior to the 100 metres.
Mr Kuru acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Kuru confirmed that he was aware of the new whip Guidelines.
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” effective 1 August 2017 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 Kuru and showed that Mr Kuru struck his mount 12 times prior to the 100m. He said there was no respite for the required 5 strides.
Mr Kuru acknowledged that he struck his mount 12 times and stated he had no excuse for his actions.
Submissions for Penalty:
Mr Oatham said that Mr Kuru had a clear record in relation to the Rule. He said the recognised starting point for a 1st breach was a $300 fine. Mr Oatham asked the Committee to consider a concession for Mr Kuru because Jump riders have limited riding opportunities.
Mr Kuru agreed with Mr Oatham’s submissions.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine and applies to all riders. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 12 strikes were not forceful and there were some minor pauses with the whip.
There were no aggravating factors.
The mitigating factors were Mr Kuru’s clear record under this Rule and his admission of the breach.
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: fe98733e46dd8716fc4c79907c65eda6
informantnumber: A10010
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/09/2017
hearing_title: Auckland RC 9 September 2017 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Hyland Race Colours Steeplechase, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Kuru used his whip excessively when riding TOP CHOICE prior to the 100 metres.
Mr Kuru acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Kuru confirmed that he was aware of the new whip Guidelines.
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” effective 1 August 2017 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 Kuru and showed that Mr Kuru struck his mount 12 times prior to the 100m. He said there was no respite for the required 5 strides.
Mr Kuru acknowledged that he struck his mount 12 times and stated he had no excuse for his actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kuru admitted the breach, the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Kuru had a clear record in relation to the Rule. He said the recognised starting point for a 1st breach was a $300 fine. Mr Oatham asked the Committee to consider a concession for Mr Kuru because Jump riders have limited riding opportunities.
Mr Kuru agreed with Mr Oatham’s submissions.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine and applies to all riders. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 12 strikes were not forceful and there were some minor pauses with the whip.
There were no aggravating factors.
The mitigating factors were Mr Kuru’s clear record under this Rule and his admission of the breach.
penalty:
Mr Kuru was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr A Kuru - Licensed Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bcb8f7cf96fe4aa4dd98861f65dcacec
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: 0020efe1a043da33261d4df0ba53238b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/09/2017
meet_title: Auckland RC - 9 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Auckland RC