Avondale JC 4 June 2018 – R 3 – Chair, Mr A Dooley
ID: JCA11660
Code:
Thoroughbred
Meet Title:
Avondale JC - 4 June 2018
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2018/06/04
Race Number:
R3
Decision:
As Mr Chowdhoory admitted the breach the Committee found the charge proved.
Penalty:
The Committee grants a deferment to Mr Chowdhoory’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Chowdhoory had his license to ride in races suspended for a period to commence after racing on 9 June and conclude after racing on 27 June 2018.
Facts:
Following the running of race 3, Avondale Trials 19 June 1360, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Apprentice Rider, Mr Chowdhoory, used his whip excessively on EGO PRINCESS prior to the 100 metres.
Mr Williamson read the Rule aloud to Mr Chowdhoory.
Mr Chowdhoory admitted the breach and said that he understood the Rule.
Mr Harris assisted Mr Chowdhoory 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.
Mr Coles demonstrated the incident using the available video footage. He identified Mr Chowdhoory racing near the lead and showed that he struck his mount 22 times from the 400 metres to the 100 metres. He said that Mr Chowdhoory used his whip a further 15 times in the last 100 metres which meant he used his whip 37 times in the final straight. He said that the only respite was for 3 strides.
Mr Chowdhoory accepted the number of strikes that were counted out aloud by the Stewards. He was unable to offer any explanation to the Committee for the excessive and unacceptable manner in which he used his whip.
Mr Harris said he couldn’t believe the way Mr Chowdhoory used the whip in the final straight. He said that he had spoken to Mr Chowdhoory before the race and advised him that 2 taps would be sufficient to keep his mount going. In conclusion he stated that he threw his hands up because he doesn’t know where the riding display came from.
In answer to a question from the Committee, Mr Williamson and Mr Harris assured us that Mr Chowdhoory was fully aware of the Guidelines with respect to acceptable use of the whip.
Submissions for Penalty:
Mr Williamson said that in mitigation this breach was Mr Chowdhoory’s 15th race day ride and he had not been a whip rider previously. He said Mr Chowdhoory showed no respect for the use of whip Guidelines and his display of riding was a poor look for racing. He said the Stewards were concerned that Mr Chowdhoory appeared to be using his whip with as much force as possible. He said that his mount EGO PRINCESS won the race.
Mr Williamson said given that the severity of the breach is very high a suspension of not less than 10 days should be imposed.
Mr Chowdhoory said that he had firm engagements on 9 June and therefore sought a deferment to his proposed suspension.
Mr Harris submitted that Mr Williamson summed up the incident well and reiterated that he advises all Apprentice Riders that less is better when using the whip. He said he was disappointed with Mr Chowdhoory's actions and there was no excuse for the way he used his whip.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. However, that is inappropriate given the circumstances in this case.
It is clear when reviewing the video films that this is the worst breach that the Committee has ever witnessed under this Rule. The manner in which Mr Chowdhoory used his whip 37 times in the final straight is appalling and a terrible look for the racing industry. The significant aggravating factors are, the offending is inexcusable, grossly unacceptable and raises alarming animal welfare and public concerns. The punishing force and quantity of strikes applied to EGO PRINCESS is unprecedented and deemed as absolute high end. In addition the Committee determined that the gravity of the breach and the culpability of Mr Chowdhoory is high end. It is extremely important that a penalty has the effect of deterring riders from committing similar offences.
The Committee observed that Mr Chowdhoory was using the whip with his arm above shoulder height which is deemed to be unacceptable under the whip Guidelines.
The Committee notes that EGO PRINCESS won the race by ¾ of a length.
The mitigating factors were Mr Chowdhoory’s admission of the breach, albeit inevitable given the compelling video evidence and his clear record from just 15 rides. The Committee had regard for Mr Chowdhoory’s inexperience as an Apprentice Rider.
After taking into account all the above factors the Committee considered the breach to be so serious that a suspension of 12 national riding days is 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: 26b4262d67208bf0b0b3f7dfd0f0f312
informantnumber: A10393
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/06/2018
hearing_title: Avondale JC 4 June 2018 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Avondale Trials 19 June 1360, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Apprentice Rider, Mr Chowdhoory, used his whip excessively on EGO PRINCESS prior to the 100 metres.
Mr Williamson read the Rule aloud to Mr Chowdhoory.
Mr Chowdhoory admitted the breach and said that he understood the Rule.
Mr Harris assisted Mr Chowdhoory 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.
Mr Coles demonstrated the incident using the available video footage. He identified Mr Chowdhoory racing near the lead and showed that he struck his mount 22 times from the 400 metres to the 100 metres. He said that Mr Chowdhoory used his whip a further 15 times in the last 100 metres which meant he used his whip 37 times in the final straight. He said that the only respite was for 3 strides.
Mr Chowdhoory accepted the number of strikes that were counted out aloud by the Stewards. He was unable to offer any explanation to the Committee for the excessive and unacceptable manner in which he used his whip.
Mr Harris said he couldn’t believe the way Mr Chowdhoory used the whip in the final straight. He said that he had spoken to Mr Chowdhoory before the race and advised him that 2 taps would be sufficient to keep his mount going. In conclusion he stated that he threw his hands up because he doesn’t know where the riding display came from.
In answer to a question from the Committee, Mr Williamson and Mr Harris assured us that Mr Chowdhoory was fully aware of the Guidelines with respect to acceptable use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chowdhoory admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that in mitigation this breach was Mr Chowdhoory’s 15th race day ride and he had not been a whip rider previously. He said Mr Chowdhoory showed no respect for the use of whip Guidelines and his display of riding was a poor look for racing. He said the Stewards were concerned that Mr Chowdhoory appeared to be using his whip with as much force as possible. He said that his mount EGO PRINCESS won the race.
Mr Williamson said given that the severity of the breach is very high a suspension of not less than 10 days should be imposed.
Mr Chowdhoory said that he had firm engagements on 9 June and therefore sought a deferment to his proposed suspension.
Mr Harris submitted that Mr Williamson summed up the incident well and reiterated that he advises all Apprentice Riders that less is better when using the whip. He said he was disappointed with Mr Chowdhoory's actions and there was no excuse for the way he used his whip.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. However, that is inappropriate given the circumstances in this case.
It is clear when reviewing the video films that this is the worst breach that the Committee has ever witnessed under this Rule. The manner in which Mr Chowdhoory used his whip 37 times in the final straight is appalling and a terrible look for the racing industry. The significant aggravating factors are, the offending is inexcusable, grossly unacceptable and raises alarming animal welfare and public concerns. The punishing force and quantity of strikes applied to EGO PRINCESS is unprecedented and deemed as absolute high end. In addition the Committee determined that the gravity of the breach and the culpability of Mr Chowdhoory is high end. It is extremely important that a penalty has the effect of deterring riders from committing similar offences.
The Committee observed that Mr Chowdhoory was using the whip with his arm above shoulder height which is deemed to be unacceptable under the whip Guidelines.
The Committee notes that EGO PRINCESS won the race by ¾ of a length.
The mitigating factors were Mr Chowdhoory’s admission of the breach, albeit inevitable given the compelling video evidence and his clear record from just 15 rides. The Committee had regard for Mr Chowdhoory’s inexperience as an Apprentice Rider.
After taking into account all the above factors the Committee considered the breach to be so serious that a suspension of 12 national riding days is an appropriate penalty.
penalty:
The Committee grants a deferment to Mr Chowdhoory’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Chowdhoory had his license to ride in races suspended for a period to commence after racing on 9 June and conclude after racing on 27 June 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr K Chowdhoory - Apprentice Rider of EGO PRINCESS
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Chowdhoory, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b4efc683c81a8b101c468139c7d0a1c9
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: dfefbc56417e42a684a92514fc3f9378
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/06/2018
meet_title: Avondale JC - 4 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Avondale JC