Archive Decision

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Avondale JC 25 April 2018 – R 3 – Chair, Mr G Jones

ID: JCA12465

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr J Nason - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward

Information Number:
A10384

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 April 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/04/25

Race Number:
R3

Decision:

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

Penalty:

Accordingly, Mr Nason was fined $500.

Facts:

Following the running of race 3, the 5 Star Horse Transport 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii) alleging Class B rider Mr J Nason used his whip excessively prior to the 100 metres when riding VERBALIZER.

Mr Nason acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Nason 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.

Using available video footage, Mr Jones demonstrated the breach and showed that Mr Nason struck his mount, VERBALIZER 11 times from the straight entrance until the 100 metre mark without the required respite. He said that Mr Nason applied the strikes every 2 to 3 strides with minimum pauses.

Mr Nason advised the Committee that he had a different whip style than most riders. He recognised that he needs to put his whip away and learn to push his mount more, rather than relying on the use of his whip when riding out a finish.

Mr Harris told the committee that this was Mr Nason's second breach within a week and he reaffirmed that Mr Nason must change his whip action.

Submissions for Penalty:

Mr Williamson said that Mr Nason has one prior breach of the whip rule, which occurred on 20 April 2018. He agreed that Mr Nason must change his use of whip style or face more severe consequences.

Neither Mr Nason or Mr Harris offered submissions in terms of any proposed penalty.

Reasons for Penalty:

In determination of penalty the Committee considered the evidence and submissions presented. The video evidence was compelling.

The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) as follows:

1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

There are no mitigating factors and it is of concern that this is Mr Nason’s 2nd breach of this rule in the past week. The JCA starting point for 2nd breach is $500 and there are no compelling reasons for the Committee to deviate from this. 

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: 5f6312d1319b92c1e6ed3bbb4d7c354f


informantnumber: A10384


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 25/04/2018


hearing_title: Avondale JC 25 April 2018 - R 3 – Chair, Mr G Jones


charge:


facts:

Following the running of race 3, the 5 Star Horse Transport 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii) alleging Class B rider Mr J Nason used his whip excessively prior to the 100 metres when riding VERBALIZER.

Mr Nason acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Nason 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.

Using available video footage, Mr Jones demonstrated the breach and showed that Mr Nason struck his mount, VERBALIZER 11 times from the straight entrance until the 100 metre mark without the required respite. He said that Mr Nason applied the strikes every 2 to 3 strides with minimum pauses.

Mr Nason advised the Committee that he had a different whip style than most riders. He recognised that he needs to put his whip away and learn to push his mount more, rather than relying on the use of his whip when riding out a finish.

Mr Harris told the committee that this was Mr Nason's second breach within a week and he reaffirmed that Mr Nason must change his whip action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Williamson said that Mr Nason has one prior breach of the whip rule, which occurred on 20 April 2018. He agreed that Mr Nason must change his use of whip style or face more severe consequences.

Neither Mr Nason or Mr Harris offered submissions in terms of any proposed penalty.


reasonsforpenalty:

In determination of penalty the Committee considered the evidence and submissions presented. The video evidence was compelling.

The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) as follows:

1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

There are no mitigating factors and it is of concern that this is Mr Nason’s 2nd breach of this rule in the past week. The JCA starting point for 2nd breach is $500 and there are no compelling reasons for the Committee to deviate from this. 


penalty:

Accordingly, Mr Nason was fined $500.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr J Nason - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 37f2cd72576075ac3d7bdb03e7deaf65


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: c78346f883a6966312be256640ef74b3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/04/2018


meet_title: Avondale JC - 25 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Avondale JC