Avondale JC 31 July 2015 – R 5 – Chair, Mr A Godsalve
ID: JCA10806
Code:
Thoroughbred
Meet Title:
Avondale JC - 31 July 2015
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2015/07/31
Race Number:
R5
Decision:
As Mr Gibbs-Manssen has admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly we imposed a fine of $300 on Mr Gibbs-Manssen.
The Committee further informed Mr Gibbs-Manssen that the JCA Penalty Guidelines provided for a starting point of a 3-5 riding day suspension for a 2nd breach of this Rule within a 6 months period. We also emphasised to Mr Gibbs-Manssen that riding instructions from trainers notwithstanding, once he takes charge of a horse in a race then he alone is responsible for his actions.
Facts:
Following the running of Race 5, the GEORGE WALKERS FURNITURE MEGASTORE 2100 an Information was lodged by Stipendiary Steward Mr A Coles alleging that Class B rider Mr M Gibbs-Manssen, riding KING LARIA had used his whip in a manner which was unnecessary.
Mr Gibbs-Manssen was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach. As Mr Gibbs-Manssen has only recently been licensed to ride in races as a jockey, and had limited riding experience to date, his request to have Mr N Harris to assist him was approved by the Committee.
Rule 638(3)(b)(i) provides that ' A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary'.
Using the available films Mr Oatham demonstrated the incident. He pointed out that the horse KING LARIA ridden by Mr Gibbs-Manssen had been leading the race until near the 800 metres mark when it began to weaken, and as it passed the 600 metres marker it had given ground quickly. The horse had lost contact with the rest of the field and was clearly a 'beaten' runner. Mr Oatham then pointed out that Mr Gibbs-Manssen had struck the horse 7 times with the whip in an exaggerated and unnecessary manner. As the horse approached the 150 metres mark Mr Gibbs-Manssen had attempted to strike the horse again but had lost his whip in the process. He added that the horse had been ridden with vigour when it was clear that there was no chance of it being in a stakes placed position.
In explanation Mr Gibbs-Manssen stated that he had 'basically stuffed up' when the horse stopped after leading. When prompted by Mr Harris regarding riding instructions from the trainer, Mr Gibbs-Manssen stated that the trainer of the horse had told him that at its previous start it had 'bolted' on the jockey. He said that the trainer had told him to set the pace, and if the horse tried to stop to give it ' 6 around the rear'.
Mr Harris added that he had tried to explain to Mr Gibbs-Manssen that if a horse was not going to figure in the placings he should back-off from hitting it. He said that when a rider goes from being an amateur rider to a professional jockey they need to learn the rules regarding whip use and he was unaware if Mr Gibbs-Manssen had been instructed on that issue.
Submissions for Penalty:
Mr Coles produced Mr Gibbs-Manssen's riding record which showed one previous breach of this Rule in August 2014. He said that Mr Gibbs-Manssen had had limited race riding experience, however he said that the Stewards viewed this breach as being in the higher level. He added that the horse had begun weakening from the 600 metres mark and that Mr Gibbs-Manssen had struck it 7 times which was unnecessary given that it was obvious the horse was clearly beaten. Mr Coles added that it had been ascertained after the race that the horse had 'bled' from a nostril and had been officially declared a 'bleeder', although there was no suggestion that anything Mr Gibbs-Manssen did had played a part in that issue. Mr Coles stated that the Stewards felt a penalty should reflect their concerns that this breach was at the top-end of the scale in respect to breaches of this Rule.
In reply to a question from the Committee, Mr Gibbs-Manssen said that he was involved full-time in the industry as a track work rider. He added that he had 2 rides at the upcoming meeting at Te Aroha on 9th August. The Committee explained to him that the penalty options open to them included a period of suspension, if warranted.
Reasons for Penalty:
The Committee took careful note of the submissions of the parties. We also viewed the films several times. The JCA Penalty Guide, updated from 1 May 2015, provides for a fine of $500 or a 2 day suspension as a starting point for a breach of this Rule. We noted that the prior breach of this Rule by Mr Gibbs-Manssen was almost 12 months ago and he has since been licensed as a professional jumps and highweight jockey. We also noted that he has had limited opportunities to ride in highweight races.
The Committee took notice of some recent penalties applied to other riders recently in similar circumstances, and are cognizant of the need to be consistent when applying penalties.
Given the above factors we believe a fine of $300 to be appropriate in the circumstances.
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: 031f5b239f6c418d987679814b26203f
informantnumber: A4379
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unnecessary use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/08/2015
hearing_title: Avondale JC 31 July 2015 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the GEORGE WALKERS FURNITURE MEGASTORE 2100 an Information was lodged by Stipendiary Steward Mr A Coles alleging that Class B rider Mr M Gibbs-Manssen, riding KING LARIA had used his whip in a manner which was unnecessary.
Mr Gibbs-Manssen was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach. As Mr Gibbs-Manssen has only recently been licensed to ride in races as a jockey, and had limited riding experience to date, his request to have Mr N Harris to assist him was approved by the Committee.
Rule 638(3)(b)(i) provides that ' A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary'.
Using the available films Mr Oatham demonstrated the incident. He pointed out that the horse KING LARIA ridden by Mr Gibbs-Manssen had been leading the race until near the 800 metres mark when it began to weaken, and as it passed the 600 metres marker it had given ground quickly. The horse had lost contact with the rest of the field and was clearly a 'beaten' runner. Mr Oatham then pointed out that Mr Gibbs-Manssen had struck the horse 7 times with the whip in an exaggerated and unnecessary manner. As the horse approached the 150 metres mark Mr Gibbs-Manssen had attempted to strike the horse again but had lost his whip in the process. He added that the horse had been ridden with vigour when it was clear that there was no chance of it being in a stakes placed position.
In explanation Mr Gibbs-Manssen stated that he had 'basically stuffed up' when the horse stopped after leading. When prompted by Mr Harris regarding riding instructions from the trainer, Mr Gibbs-Manssen stated that the trainer of the horse had told him that at its previous start it had 'bolted' on the jockey. He said that the trainer had told him to set the pace, and if the horse tried to stop to give it ' 6 around the rear'.
Mr Harris added that he had tried to explain to Mr Gibbs-Manssen that if a horse was not going to figure in the placings he should back-off from hitting it. He said that when a rider goes from being an amateur rider to a professional jockey they need to learn the rules regarding whip use and he was unaware if Mr Gibbs-Manssen had been instructed on that issue.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Gibbs-Manssen has admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Gibbs-Manssen's riding record which showed one previous breach of this Rule in August 2014. He said that Mr Gibbs-Manssen had had limited race riding experience, however he said that the Stewards viewed this breach as being in the higher level. He added that the horse had begun weakening from the 600 metres mark and that Mr Gibbs-Manssen had struck it 7 times which was unnecessary given that it was obvious the horse was clearly beaten. Mr Coles added that it had been ascertained after the race that the horse had 'bled' from a nostril and had been officially declared a 'bleeder', although there was no suggestion that anything Mr Gibbs-Manssen did had played a part in that issue. Mr Coles stated that the Stewards felt a penalty should reflect their concerns that this breach was at the top-end of the scale in respect to breaches of this Rule.
In reply to a question from the Committee, Mr Gibbs-Manssen said that he was involved full-time in the industry as a track work rider. He added that he had 2 rides at the upcoming meeting at Te Aroha on 9th August. The Committee explained to him that the penalty options open to them included a period of suspension, if warranted.
reasonsforpenalty:
The Committee took careful note of the submissions of the parties. We also viewed the films several times. The JCA Penalty Guide, updated from 1 May 2015, provides for a fine of $500 or a 2 day suspension as a starting point for a breach of this Rule. We noted that the prior breach of this Rule by Mr Gibbs-Manssen was almost 12 months ago and he has since been licensed as a professional jumps and highweight jockey. We also noted that he has had limited opportunities to ride in highweight races.
The Committee took notice of some recent penalties applied to other riders recently in similar circumstances, and are cognizant of the need to be consistent when applying penalties.
Given the above factors we believe a fine of $300 to be appropriate in the circumstances.
penalty:
Accordingly we imposed a fine of $300 on Mr Gibbs-Manssen.
The Committee further informed Mr Gibbs-Manssen that the JCA Penalty Guidelines provided for a starting point of a 3-5 riding day suspension for a 2nd breach of this Rule within a 6 months period. We also emphasised to Mr Gibbs-Manssen that riding instructions from trainers notwithstanding, once he takes charge of a horse in a race then he alone is responsible for his actions.
hearing_type: Hearing
Rules: Rule 638(3)(3)(b)(i)
Informant: Mr A Coles -Stipendiary Steward
JockeysandTrainer: Mr M Gibbs-Manssen, Class B rider, rider of King Laria
Otherperson: Mr N Harris-Riders mentor, assisting Mr Gibbs-Manssen, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c87553583112b2cd91567af1ec596c43
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2b9e86fd4b1a4998efde8ed8b8f4250c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2015
meet_title: Avondale JC - 31 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Avondale JC