Avondale JC 8 March 2017 – R 8 – Chair, Mr A Dooley
ID: JCA13585
Code:
Thoroughbred
Meet Title:
Avondale JC - 8 March 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/03/08
Race Number:
R8
Decision:
As Mr Elliot admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 23 March and conclude after racing on 26 March 2017 (3 days).
That period of suspension encompasses meetings at
24 March – Avondale
25 March – Tauranga
26 March – Tauherenikau
Facts:
Following the running of race 8, West Brook – Great NZ Wines 1600, an Information was filed pursuant to Rule 636 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Elliot used the whip in an excessive manner prior to the 200 metres when riding I’M ALL YOURS.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr N Harris, Apprentice Jockey Mentor, assisted Mr Elliot at the hearing.
Rule 636(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 Jones demonstrated the incident using the available video footage. He identified Mr Elliot and showed that he struck his mount 11 times from the 400 metres until the 200 metres. He identified that Mr Elliot did ride hands and heels for 2, 3 and 4 strides during that 200 metre period. He said that Mr Elliot failed to give his mount the required respite for 6 strides.
Mr Elliot acknowledged that he struck his mount 11 times prior to the 200 metres. He advised that his mount was an old jumper coming back from a spell and he wanted the horse to have a good hit out.
Mr Harris said that he has been tutoring Mr Elliot in recent times regarding the manner in which he uses his whip. He added that Mr Elliot has a big workload to contend with and he was of the view that Mr Elliot needed to slow down and correct his whip action.
Mr Elliot confirmed that he has been receiving some tutorage from Mr Harris.
Submissions for Penalty:
Mr Coles produced Mr Elliot’s record which showed 3 previous breach under this Rule in the last 12 months.
19/2/17 - $300 fine
6/8/16 - 2 day suspension
6/5/16 - $300 fine
Mr Coles advised that Mr Elliot was due to commence a 5 day suspension after racing on 11 March which concluded after racing on 23 March. He said given that this was Mr Elliot’s 2nd breach within 6 months a term of suspension would be an appropriate penalty.
Mr Elliot confirmed that Mr Coles’ submission regarding his up - coming suspension was correct.
Mr Elliot recognised that a suspension was inevitable given that he breached this Rule on the 19th of February 2017. He had nothing further to add.
Mr Harris advised that he would continue to provide guidance to Mr Elliot in adhering to the use of whip guidelines.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee advised Mr Elliot 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. This was adopted as per the Penalty Guide for Judicial Committees.
The mitigating factors were Mr Elliot’s admission of the breach and the number of strikes were towards the low end of the scale.
However, this has to be balanced against the aggravating factors in this case. It was evident when reviewing the video footage that Mr Elliot displayed a lot of force when striking his mount which we deemed was above mid – range. A further aggravating factor this was Mr Elliot’s 2nd breach within a very short period of time.
The Committee had regard for the fact that Mr Elliot is an Apprentice rider, albeit a very busy rider.
The Committee reminded Mr Elliot that whip offences are a significant issue for the industry and public perception is paramount.
After taking into account all the above factors the Committee considered that 3 days would be an appropriate suspension.
Mr Elliot was advised of the consequences if he was to breach this Rule again within the reset period of 6 months.
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: 49ebb677b22264344422bedd53fdef0d
informantnumber: A8863
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/03/2017
hearing_title: Avondale JC 8 March 2017 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, West Brook – Great NZ Wines 1600, an Information was filed pursuant to Rule 636 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Elliot used the whip in an excessive manner prior to the 200 metres when riding I’M ALL YOURS.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr N Harris, Apprentice Jockey Mentor, assisted Mr Elliot at the hearing.
Rule 636(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 Jones demonstrated the incident using the available video footage. He identified Mr Elliot and showed that he struck his mount 11 times from the 400 metres until the 200 metres. He identified that Mr Elliot did ride hands and heels for 2, 3 and 4 strides during that 200 metre period. He said that Mr Elliot failed to give his mount the required respite for 6 strides.
Mr Elliot acknowledged that he struck his mount 11 times prior to the 200 metres. He advised that his mount was an old jumper coming back from a spell and he wanted the horse to have a good hit out.
Mr Harris said that he has been tutoring Mr Elliot in recent times regarding the manner in which he uses his whip. He added that Mr Elliot has a big workload to contend with and he was of the view that Mr Elliot needed to slow down and correct his whip action.
Mr Elliot confirmed that he has been receiving some tutorage from Mr Harris.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Elliot’s record which showed 3 previous breach under this Rule in the last 12 months.
19/2/17 - $300 fine
6/8/16 - 2 day suspension
6/5/16 - $300 fine
Mr Coles advised that Mr Elliot was due to commence a 5 day suspension after racing on 11 March which concluded after racing on 23 March. He said given that this was Mr Elliot’s 2nd breach within 6 months a term of suspension would be an appropriate penalty.
Mr Elliot confirmed that Mr Coles’ submission regarding his up - coming suspension was correct.
Mr Elliot recognised that a suspension was inevitable given that he breached this Rule on the 19th of February 2017. He had nothing further to add.
Mr Harris advised that he would continue to provide guidance to Mr Elliot in adhering to the use of whip guidelines.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee advised Mr Elliot 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. This was adopted as per the Penalty Guide for Judicial Committees.
The mitigating factors were Mr Elliot’s admission of the breach and the number of strikes were towards the low end of the scale.
However, this has to be balanced against the aggravating factors in this case. It was evident when reviewing the video footage that Mr Elliot displayed a lot of force when striking his mount which we deemed was above mid – range. A further aggravating factor this was Mr Elliot’s 2nd breach within a very short period of time.
The Committee had regard for the fact that Mr Elliot is an Apprentice rider, albeit a very busy rider.
The Committee reminded Mr Elliot that whip offences are a significant issue for the industry and public perception is paramount.
After taking into account all the above factors the Committee considered that 3 days would be an appropriate suspension.
Mr Elliot was advised of the consequences if he was to breach this Rule again within the reset period of 6 months.
penalty:
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 23 March and conclude after racing on 26 March 2017 (3 days).
That period of suspension encompasses meetings at
24 March – Avondale
25 March – Tauranga
26 March – Tauherenikau
hearing_type: Hearing
Rules: 636(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: baed79a95c5b2cb734dce23521928d05
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R8
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meetdate: 08/03/2017
meet_title: Avondale JC - 8 March 2017
meet_expappcomment:
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tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Avondale JC