Banks Peninsula RC 4 November 2018 – R 7 – Chair, Mr R McKenzie
ID: JCA14390
Code:
Thoroughbred
Meet Title:
Banks Peninsula RC - 4 November 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/11/04
Race Number:
R7
Decision:
Mr Laking having admitted the breach, the charge was found proved.
Penalty:
Mr Laking is fined the sum of $500.
Facts:
Following the running of Race 7, Canterbury Equine Clinic Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J D Laking, alleging that Mr Laking, as the rider of PICKUP in the race, “used his whip excessively prior to the 100 metres”.
Mr Laking was present at the hearing of the information. He indicated that he understood the Rule and the charge, and that he admitted the breach.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 McLaughlin had Stipendiary Steward, Mr D M Wadley, show videos replays of the final 300 metres of the race. He pointed out Mr Laking riding PICKUP racing 3-4 wide outside the leaders at the 200 metres. Mr Laking commenced using his whip at approximately the 200 metres. Mr McLaughlin alleged that Mr Laking, from that point, had struck his mount five times with the whip and then, after a further three strides, he struck it on a further four occasions prior to the 100 metres.
Mr Laking conceded that it was “pretty obvious”. It was a misjudgement on his part, he said.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Laking had received a fine on 8 December 2017 last for a breach of the Rule. This breach could be dealt with by way of a fine of $500 for a second breach within 12 months, as stipulated in the Penalty Guide, Mr McLaughlin submitted.
Mr Laking acknowledged that he was aware of the penalties prescribed in the Penalty Guide and, in particular, that a second breach of the Rule within 12 months would incur a $500 fine. He had nothing further to add.
Reasons for Penalty:
Mr Laking has admitted a charge that he used his whip excessively prior to the 100 metres in breach of the Rule and the Guidelines. The breach was no worse than mid-range, in the Committee’s view. Mr Laking had been fined $300 for a breach of the Rule in December 2017. The present breach is therefore within the reset period of 12 months and so is deemed to be a second breach, for which the Penalty Guide provides a fine of $500, as pointed out by Mr McLaughlin. There are no relevant aggravating or mitigating factors requiring the Committee to depart from that fine.
JCA Decision Fields (raw)
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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: 7d4d74268da9ae4baee3f09311b739db
informantnumber: A5739
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2018
hearing_title: Banks Peninsula RC 4 November 2018 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Canterbury Equine Clinic Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J D Laking, alleging that Mr Laking, as the rider of PICKUP in the race, “used his whip excessively prior to the 100 metres”.
Mr Laking was present at the hearing of the information. He indicated that he understood the Rule and the charge, and that he admitted the breach.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 McLaughlin had Stipendiary Steward, Mr D M Wadley, show videos replays of the final 300 metres of the race. He pointed out Mr Laking riding PICKUP racing 3-4 wide outside the leaders at the 200 metres. Mr Laking commenced using his whip at approximately the 200 metres. Mr McLaughlin alleged that Mr Laking, from that point, had struck his mount five times with the whip and then, after a further three strides, he struck it on a further four occasions prior to the 100 metres.
Mr Laking conceded that it was “pretty obvious”. It was a misjudgement on his part, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Laking having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Laking had received a fine on 8 December 2017 last for a breach of the Rule. This breach could be dealt with by way of a fine of $500 for a second breach within 12 months, as stipulated in the Penalty Guide, Mr McLaughlin submitted.
Mr Laking acknowledged that he was aware of the penalties prescribed in the Penalty Guide and, in particular, that a second breach of the Rule within 12 months would incur a $500 fine. He had nothing further to add.
reasonsforpenalty:
Mr Laking has admitted a charge that he used his whip excessively prior to the 100 metres in breach of the Rule and the Guidelines. The breach was no worse than mid-range, in the Committee’s view. Mr Laking had been fined $300 for a breach of the Rule in December 2017. The present breach is therefore within the reset period of 12 months and so is deemed to be a second breach, for which the Penalty Guide provides a fine of $500, as pointed out by Mr McLaughlin. There are no relevant aggravating or mitigating factors requiring the Committee to depart from that fine.
penalty:
Mr Laking is fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer: J D Laking, Licensed Jockey (Class A)
Otherperson: Mr D M Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0f4e84a8e4a38188ea736486b150f577
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2e56439a6735b40f5d75ea667e1ab7bb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2018
meet_title: Banks Peninsula RC - 4 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula RC