Archive Decision

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Avondale JC 12 July 2017 – R 3 – Chair, Mr A Dooley

ID: JCA15132

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr D Prastiyou - Licensed Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A9462

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 12 July 2017

Meet Chair:
ADooley

Race Date:
2017/07/12

Race Number:
R3

Decision:

As Mr Prastiyou admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Prastiyou had his license to ride in races suspended for a period to commence after racing on 15 July and conclude after racing on 22 July 2017 (2 days).

That period of suspension encompasses meetings at

21 July – Te Aroha

22 July – Whangarei

Facts:

Following the running of race 3, New Lynn 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Prastiyou used the whip in an excessive manner prior to the 200 metres on DORA MAAR.

Mr Prastiyou acknowledged that he understood the Rule and confirmed his admission of the breach.

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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Oatham used the available video footage to demonstrate the incident. He said that Mr Prastiyou started using his whip before the home turn and identified that he struck his mount at least 20 times prior to the 200 metres. He said Mr Prastiyou failed to give his mount the required respite of 6 strides.

Mr Prastiyou acknowledged that he struck his mount approximately 20 times prior to the 200 metres. He said that his mount was slow away and hit the line strongly.

Submissions for Penalty:

Mr Williamson said that Mr Prastiyou breached this Rule on 3/6/2017 when he struck his mount 11 times and incurred a $300 fine. He said that Mr Oatham had clearly demonstrated today's breach and submitted that because it was Mr Prastiyou’s 2nd breach a 2 day suspension would be an appropriate penalty.

Mr Prastiyou advised that he had engagements at Te Rapa on 15 July and any proposed suspension could start after that date. He had nothing to add regarding penalty.

In response to a question from the Committee, Mr Prastiyou advised that he had not ridden in the Central Districts on Industry days for over 6 months. Therefore Mr Prastiyou accepted that 20 July at Hastings would not be included in his penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee reminded Mr Prastiyou that with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

The aggravating fact was the number of strikes which were in the mid to high range, albeit the count started before the horse entered the final straight.

The mitigating factors were Mr Prastiyou’s admission of the breach and the force of the strikes were low end. The Committee acknowledge that the frequency of strikes were not continuous and there were some pauses.

The Committee note that DORA MAAR finished in 4th place.

After taking into account all the above factors the Committee considered that a 2 day suspension would be an appropriate 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: 6dc01ba43e9efe4272f84af5c5f16b53


informantnumber: A9462


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/07/2017


hearing_title: Avondale JC 12 July 2017 - R 3 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 3, New Lynn 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Prastiyou used the whip in an excessive manner prior to the 200 metres on DORA MAAR.

Mr Prastiyou acknowledged that he understood the Rule and confirmed his admission of the breach.

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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Oatham used the available video footage to demonstrate the incident. He said that Mr Prastiyou started using his whip before the home turn and identified that he struck his mount at least 20 times prior to the 200 metres. He said Mr Prastiyou failed to give his mount the required respite of 6 strides.

Mr Prastiyou acknowledged that he struck his mount approximately 20 times prior to the 200 metres. He said that his mount was slow away and hit the line strongly.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Prastiyou admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mr Prastiyou breached this Rule on 3/6/2017 when he struck his mount 11 times and incurred a $300 fine. He said that Mr Oatham had clearly demonstrated today's breach and submitted that because it was Mr Prastiyou’s 2nd breach a 2 day suspension would be an appropriate penalty.

Mr Prastiyou advised that he had engagements at Te Rapa on 15 July and any proposed suspension could start after that date. He had nothing to add regarding penalty.

In response to a question from the Committee, Mr Prastiyou advised that he had not ridden in the Central Districts on Industry days for over 6 months. Therefore Mr Prastiyou accepted that 20 July at Hastings would not be included in his penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee reminded Mr Prastiyou that with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

The aggravating fact was the number of strikes which were in the mid to high range, albeit the count started before the horse entered the final straight.

The mitigating factors were Mr Prastiyou’s admission of the breach and the force of the strikes were low end. The Committee acknowledge that the frequency of strikes were not continuous and there were some pauses.

The Committee note that DORA MAAR finished in 4th place.

After taking into account all the above factors the Committee considered that a 2 day suspension would be an appropriate penalty.


penalty:

Accordingly, Mr Prastiyou had his license to ride in races suspended for a period to commence after racing on 15 July and conclude after racing on 22 July 2017 (2 days).

That period of suspension encompasses meetings at

21 July – Te Aroha

22 July – Whangarei


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr D Prastiyou - Licensed Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3961a571c9290383b9b10c694d92835e


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: 1542dd134a89c14cd723286d5333bfee


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 12/07/2017


meet_title: Avondale JC - 12 July 2017


meet_expappcomment:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Avondale JC