Avondale JC 29 July 2016 – R 2 – Chair, Mr N McCutcheon
ID: JCA13564
Code:
Thoroughbred
Meet Title:
Avondale JC - 29 July 2016
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2016/07/29
Race Number:
R 2
Decision:
Due to the breach being admitted it was found to be proved.
Penalty:
Mr Kuru was fined $400.
The committee advised Mr Kuru that if he breached the whip rule again within a 6-month period, the JCA penalty guidelines provide for a suspension to be imposed.
Facts:
Following the running of R2 (Westbrook 2100), Information No.A7598 was filed with the Judicial Committee. It was alleged that Mr Kuru used his whip excessively on LACUSTRE prior to the 200m.
Rule 638(3)(b)(ii) provides:
A rider shall not strike a horse with a whip in a manner or to an extent which is excessive.
Mr Kuru acknowledged to the committee that he understood the Rule and the charge that had been preferred against him. Mr Kuru also confirmed to the committee that he admitted the breach of the Rule.
Mr Coles identified Mr Kuru and his mount on the film replays and said that Mr Kuru had struck his horse with the whip 12 times prior to the 200m. He added that two of the strikes were on the shoulder and that during his whip use he did not give his horse the required respite.
Mr Kuru, for his part, said that his horse did not travel well early and as a result he started to hit it early in the run home and added that he had hit it too many times.
In answer to a question from the committee, Mr Kuru confirmed that he was aware of the whip guidelines. Mr Kuru added that his horse may not have won the race if he had not hit it so many times early in the run home as it was not travelling well and only got going when he hit it.
Submissions for Penalty:
Mr Williamson said that Mr Kuru had a clear record over the last 12 months, had admitted the breach, was a jumps jockey with limited earning capacity and submitted that a fine of around $200 would suffice.
Mr Kuru confirmed that he had a clear record and said that he only rides for about 6 months of the year. He said that he realised that he had used the whip too much early in the run home but may not have won without doing it.
Reasons for Penalty:
Mitigating factors were admission of the breach, clear record and limited opportunities for jumping jockeys. An aggravating factor was that Mr Kuru stated that he may not have won the race with less whip use.
In the committee’s view, some of the strikes applied to LACUSTRE were with significant force. The committee noted that LACUSTRE won the race convincingly and was extending the margin over the final stages.
The committee was mindful of the JCA starting point of $500 for a first breach of the whip rule and believed that a fine near that figure 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: 468b51ed46b4a79eb9a95541ab66143c
informantnumber: A7598
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/08/2016
hearing_title: Avondale JC 29 July 2016 - R 2 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of R2 (Westbrook 2100), Information No.A7598 was filed with the Judicial Committee. It was alleged that Mr Kuru used his whip excessively on LACUSTRE prior to the 200m.
Rule 638(3)(b)(ii) provides:
A rider shall not strike a horse with a whip in a manner or to an extent which is excessive.
Mr Kuru acknowledged to the committee that he understood the Rule and the charge that had been preferred against him. Mr Kuru also confirmed to the committee that he admitted the breach of the Rule.
Mr Coles identified Mr Kuru and his mount on the film replays and said that Mr Kuru had struck his horse with the whip 12 times prior to the 200m. He added that two of the strikes were on the shoulder and that during his whip use he did not give his horse the required respite.
Mr Kuru, for his part, said that his horse did not travel well early and as a result he started to hit it early in the run home and added that he had hit it too many times.
In answer to a question from the committee, Mr Kuru confirmed that he was aware of the whip guidelines. Mr Kuru added that his horse may not have won the race if he had not hit it so many times early in the run home as it was not travelling well and only got going when he hit it.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Due to the breach being admitted it was found to be proved.
sumissionsforpenalty:
Mr Williamson said that Mr Kuru had a clear record over the last 12 months, had admitted the breach, was a jumps jockey with limited earning capacity and submitted that a fine of around $200 would suffice.
Mr Kuru confirmed that he had a clear record and said that he only rides for about 6 months of the year. He said that he realised that he had used the whip too much early in the run home but may not have won without doing it.
reasonsforpenalty:
Mitigating factors were admission of the breach, clear record and limited opportunities for jumping jockeys. An aggravating factor was that Mr Kuru stated that he may not have won the race with less whip use.
In the committee’s view, some of the strikes applied to LACUSTRE were with significant force. The committee noted that LACUSTRE won the race convincingly and was extending the margin over the final stages.
The committee was mindful of the JCA starting point of $500 for a first breach of the whip rule and believed that a fine near that figure would be an appropriate penalty.
penalty:
Mr Kuru was fined $400.
The committee advised Mr Kuru that if he breached the whip rule again within a 6-month period, the JCA penalty guidelines provide for a suspension to be imposed.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr A Kuru - Licensed Jockey
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a74797d0768b5bb44e3266a966104a15
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 02fca31fd01ba65c53ad9ff9737cfac9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2016
meet_title: Avondale JC - 29 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ADooley
meet_pm2: none
name: Avondale JC