Cambridge JC 23 November 2014 – R 5
ID: JCA14465
Code:
Thoroughbred
Meet Title:
Cambridge JC - 23 November 2014
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2014/11/23
Race Number:
R5
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly after taking all the above into account we impose a fine of $275.
Facts:
Following race 5, the Monovale Sand 1400, an information was filed by Mr M Davidson alleging that Mr D Nolan, rider of BOOTYFUL, had used his whip excessively on his mount prior to the 200 metres.
The rule reads as follows: a rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Mr Oatham demonstrated the video films pointing out to the committee Mr Nolan hitting his horse BOOTYFUL approximately twenty times prior to the 200 metres. He stated that initially the strikes were behind the saddle and then Mr Nolan continued by slapping his mount down the shoulder. Mr Oatham said this was a quick action and a different style from normal but Mr Nolan did not give the required respite under the rule.
Mr Nolan said he gave his mount five or six strikes behind the saddle before reverting to down the shoulder. He admitted he was not fully conversant with the rule as he thought it only applied to strikes behind the saddle.
Submissions for Penalty:
Mr Davidson produced Mr Nolan's record under this rule which showed one previous breach on 17 September 2014 which incurred a fine of $150. Mr Davidson conceded Mr Nolan's style was unusual but he said there was a large number of strikes involved which clearly breached the rule. He submitted an increase in the recent fine of $150 was necessary and believed a range of $200 to $300 would be appropriate.
Mr Nolan did not have any submissions to make when asked.
Reasons for Penalty:
The committee carefully considered the evidence and submissions as presented. In mitigation Mr Nolan has admitted the breach and the committee finds the severity of the strikes was at the low end. In contrast to this number of strikes was at the high end but the manner in which Mr Nolan slapped his mount down the shoulder was an unusual action and without force. However it is clear the rule was breached. The committee is also mindful this was Mr Nolan's second breach in a short period of time.
Before imposing an appropriate penalty the committee referred to the JCA listings of penalties.
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: 86b447b7eaa0d4be6373dff7e5545468
informantnumber: 6859
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2014
hearing_title: Cambridge JC 23 November 2014 - R 5
charge:
facts:
Following race 5, the Monovale Sand 1400, an information was filed by Mr M Davidson alleging that Mr D Nolan, rider of BOOTYFUL, had used his whip excessively on his mount prior to the 200 metres.
The rule reads as follows: a rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Mr Oatham demonstrated the video films pointing out to the committee Mr Nolan hitting his horse BOOTYFUL approximately twenty times prior to the 200 metres. He stated that initially the strikes were behind the saddle and then Mr Nolan continued by slapping his mount down the shoulder. Mr Oatham said this was a quick action and a different style from normal but Mr Nolan did not give the required respite under the rule.
Mr Nolan said he gave his mount five or six strikes behind the saddle before reverting to down the shoulder. He admitted he was not fully conversant with the rule as he thought it only applied to strikes behind the saddle.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Davidson produced Mr Nolan's record under this rule which showed one previous breach on 17 September 2014 which incurred a fine of $150. Mr Davidson conceded Mr Nolan's style was unusual but he said there was a large number of strikes involved which clearly breached the rule. He submitted an increase in the recent fine of $150 was necessary and believed a range of $200 to $300 would be appropriate.
Mr Nolan did not have any submissions to make when asked.
reasonsforpenalty:
The committee carefully considered the evidence and submissions as presented. In mitigation Mr Nolan has admitted the breach and the committee finds the severity of the strikes was at the low end. In contrast to this number of strikes was at the high end but the manner in which Mr Nolan slapped his mount down the shoulder was an unusual action and without force. However it is clear the rule was breached. The committee is also mindful this was Mr Nolan's second breach in a short period of time.
Before imposing an appropriate penalty the committee referred to the JCA listings of penalties.
penalty:
Accordingly after taking all the above into account we impose a fine of $275.
hearing_type: Hearing
Rules: 638 (3) (b)
Informant: Mr M Davidson (Stipendiary Steward)
JockeysandTrainer: Mr D Nolan, rider of BOOTYFUL
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1c3d9460db56497259ba163f42dd9abd
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: c9c3bf9b448f99b42bc095f8ae93e88f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2014
meet_title: Cambridge JC - 23 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-jc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Cambridge JC