Avondale JC 12 July 2017 – R 5 – Chair, Mr A Dooley
ID: JCA14045
Code:
Thoroughbred
Meet Title:
Avondale JC - 12 July 2017
Meet Chair:
ADooley
Race Date:
2017/07/12
Race Number:
R5
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Danis 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 5, Rosebank 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Danis used the whip excessively on his mount SAKHEE’S STAR.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis 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 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 identified that Mr Danis struck his mount 12 times prior to the 200 metres.
Mr Danis acknowledged that he struck his mount 12 times prior to the 200 metres. He said that his mount was responding well when the whip was applied and “got a bit excited” as he thought he may win the race.
Mr Harris said that he was reminding all the Apprentices of their obligation under this Rule. He said that the strikes on this occasions were not as aggressive as his recent breach on 17/6/2017.
Submissions for Penalty:
Mr Williamson said that Mr Danis breached this Rule on 17/ 6/2017 when he struck his mount 12 times and incurred a $350 fine. He submitted a suspension in the vicinity of 2 days.
Mr Danis advised that he had engagements at Te Rapa on 15 July and any proposed suspension could start after that date. He and Mr Harris had nothing to add regarding penalty.
In response to a question from the Committee, Mr Oatham advised that Mr Danis had only ridden once this year in the Central Districts on an Industry day. Therefore Mr Danis 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 Danis 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.
There were no aggravating facts.
The mitigating factors were Mr Danis’ admission of the breach and the force of the strikes were low to mid-range.
The quantity of strikes were in the low to mid – range.
The Committee note that SAKHEE’S STAR finished in 2nd 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: 909f7de2c04b567c2316328f2bc44c0d
informantnumber: A9463
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 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Rosebank 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Danis used the whip excessively on his mount SAKHEE’S STAR.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis 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 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 identified that Mr Danis struck his mount 12 times prior to the 200 metres.
Mr Danis acknowledged that he struck his mount 12 times prior to the 200 metres. He said that his mount was responding well when the whip was applied and “got a bit excited” as he thought he may win the race.
Mr Harris said that he was reminding all the Apprentices of their obligation under this Rule. He said that the strikes on this occasions were not as aggressive as his recent breach on 17/6/2017.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Danis breached this Rule on 17/ 6/2017 when he struck his mount 12 times and incurred a $350 fine. He submitted a suspension in the vicinity of 2 days.
Mr Danis advised that he had engagements at Te Rapa on 15 July and any proposed suspension could start after that date. He and Mr Harris had nothing to add regarding penalty.
In response to a question from the Committee, Mr Oatham advised that Mr Danis had only ridden once this year in the Central Districts on an Industry day. Therefore Mr Danis 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 Danis 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.
There were no aggravating facts.
The mitigating factors were Mr Danis’ admission of the breach and the force of the strikes were low to mid-range.
The quantity of strikes were in the low to mid – range.
The Committee note that SAKHEE’S STAR finished in 2nd 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 Danis 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 Danis - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c24f1d374e896454c9b109ac0abf0428
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 1542dd134a89c14cd723286d5333bfee
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meet_emailed1: 0
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meetdate: 12/07/2017
meet_title: Avondale JC - 12 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Avondale JC