Archive Decision

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Beaumont RC 26 March 2018 – R 2 – Chair, Prof G Hall

ID: JCA11434

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr B Murray - Class B Rider

Other Person:
Mr D Walsh - Apprentice Mentor, assisting Mr Murray, Mr Oatham - Chief Stipendiary Steward

Information Number:
A9737

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Beaumont RC - 26 March 2018

Meet Chair:
GHall

Meet Committee Member 1:
AGodsalve

Race Date:
2018/03/26

Race Number:
R 2

Decision:

As Mr Murray admitted the breach the charge was found to be proved.

Penalty:

We take a six day starting point. We see no reason to raise or lower this figure. Accordingly, Mr Murray is suspended from the close of racing on 2 April up to and including racing on 11 April. This is six national days.

Facts:

Following Race 2, the TEMUKA TRANSPORT & WALTER PARKER MEMORIAL HANDICAP, Mr Davidson lodged an information with the Judicial Committee alleging a breach of r 638(3)(b)(ii) in that Mr Murray used his whip on his mount SWEET CHASTITY excessively prior to the 100 metres.

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” provide:

Without affecting the generality of r 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 Davidson had Mr Oatham, Chief Stipendiary Steward, demonstrate the breach using the side-on video. He counted Mr Murray’s whip use to be nine strikes with only two brief pauses between the 200 and 100 metres.

Mr Murray agreed that this was an accurate calculation.

Submissions for Penalty:

Mr Davidson produced Mr Murray’s record under the whip rule since the implementation of new guidelines in August 2017:

11/03/18 $300 fine

15/03/18 $600 fine

Mr Davidson described Mr Murray’s whip use as being at the lower end of the scale. Mr Murray said he was struggling to comply with the whip guidelines.

When asked for upcoming riding commitments Mr Murray advised that he had engagements at the Riverton Easter meeting. He asked for a deferment until the end of this meeting. Mr Davidson did not object to this.

Reasons for Penalty:

The updated starting point for a third breach of r 638(3)(b)(ii) is a 6-8 national riding day suspension.

Mr Murray struck his mount nine times with only two brief respites. We believe the breach is low range.

We grant Mr Murray’s request to defer the commencement of the period of suspension until after the second day at Riverton.

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: 1c2bebc0a909d47b170b81cc838a9967


informantnumber: A9737


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 27/03/2018


hearing_title: Beaumont RC 26 March 2018 - R 2 - Chair, Prof G Hall


charge:


facts:

Following Race 2, the TEMUKA TRANSPORT & WALTER PARKER MEMORIAL HANDICAP, Mr Davidson lodged an information with the Judicial Committee alleging a breach of r 638(3)(b)(ii) in that Mr Murray used his whip on his mount SWEET CHASTITY excessively prior to the 100 metres.

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” provide:

Without affecting the generality of r 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 Davidson had Mr Oatham, Chief Stipendiary Steward, demonstrate the breach using the side-on video. He counted Mr Murray’s whip use to be nine strikes with only two brief pauses between the 200 and 100 metres.

Mr Murray agreed that this was an accurate calculation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Murray admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Davidson produced Mr Murray’s record under the whip rule since the implementation of new guidelines in August 2017:

11/03/18 $300 fine

15/03/18 $600 fine

Mr Davidson described Mr Murray’s whip use as being at the lower end of the scale. Mr Murray said he was struggling to comply with the whip guidelines.

When asked for upcoming riding commitments Mr Murray advised that he had engagements at the Riverton Easter meeting. He asked for a deferment until the end of this meeting. Mr Davidson did not object to this.


reasonsforpenalty:

The updated starting point for a third breach of r 638(3)(b)(ii) is a 6-8 national riding day suspension.

Mr Murray struck his mount nine times with only two brief respites. We believe the breach is low range.

We grant Mr Murray’s request to defer the commencement of the period of suspension until after the second day at Riverton.


penalty:

We take a six day starting point. We see no reason to raise or lower this figure. Accordingly, Mr Murray is suspended from the close of racing on 2 April up to and including racing on 11 April. This is six national days.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr B Murray - Class B Rider


Otherperson: Mr D Walsh - Apprentice Mentor, assisting Mr Murray, Mr Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 21e0caf5a99945ed0c61990df6db8c9c


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: 37c5bf81ab175d440dd63ab724e78b9e


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/03/2018


meet_title: Beaumont RC - 26 March 2018


meet_expappcomment:


meet_km:


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tracklocation: beaumont-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: AGodsalve


meet_pm2: none


name: Beaumont RC