Archive Decision

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Canterbury JC 11 November 2017 – R 6 – Chair, Mrs N Moffatt

ID: JCA12251

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr T Moseley - Licensed Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A6393

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 11 November 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/11

Race Number:
R 6

Decision:

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

Penalty:

Accordingly Mr Moseley is fined the sum of $300.

Facts:

Following Race 6, M Social Auckland Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that T Moseley (ADMIRAL ROUS) used his whip excessively prior to the 100m.

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 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 Moseley acknowledged he understood the rule and confirmed his admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. The Stewards believed Mr Moseley used his whip ten times, possibly eleven, without the required break of five. Mr Davidson estimated he paused for only three strides.

Mr Moseley said that was a fair assessment by the Stewards.
 

Submissions for Penalty:

Mr Oatham said Mr Moseley was a forceful rider with the whip but on this occasion there were some breaks in his whip action. He had a clear record over the preceding 12 months. The Stewards’ submission was for a monetary penalty in line with the $300 starting point.

Mr Moseley said he was having some difficulty adapting to the new whip guidelines but the Stipendiary Stewards had been very tolerant and today’s charge was fair.
 

Reasons for Penalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the first breach starting point of $300. It was our opinion the breach sat in the low range. Mr Moseley did give some respite, just not the required five strides. He took full responsibility for his actions and said it was proving difficult to change habits of a lifetime. There were no aggravating factors.

We did not afford Mr Mosely any discount for his admission of the charge as it was inevitable that the breach would have been found proved.

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: 46b450414fea671f43462c081502ad12


informantnumber: A6393


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2017


hearing_title: Canterbury JC 11 November 2017 - R 6 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 6, M Social Auckland Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that T Moseley (ADMIRAL ROUS) used his whip excessively prior to the 100m.

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 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 Moseley acknowledged he understood the rule and confirmed his admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. The Stewards believed Mr Moseley used his whip ten times, possibly eleven, without the required break of five. Mr Davidson estimated he paused for only three strides.

Mr Moseley said that was a fair assessment by the Stewards.
 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham said Mr Moseley was a forceful rider with the whip but on this occasion there were some breaks in his whip action. He had a clear record over the preceding 12 months. The Stewards’ submission was for a monetary penalty in line with the $300 starting point.

Mr Moseley said he was having some difficulty adapting to the new whip guidelines but the Stipendiary Stewards had been very tolerant and today’s charge was fair.
 


reasonsforpenalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the first breach starting point of $300. It was our opinion the breach sat in the low range. Mr Moseley did give some respite, just not the required five strides. He took full responsibility for his actions and said it was proving difficult to change habits of a lifetime. There were no aggravating factors.

We did not afford Mr Mosely any discount for his admission of the charge as it was inevitable that the breach would have been found proved.


penalty:

Accordingly Mr Moseley is fined the sum of $300.


hearing_type: Hearing


Rules: 638(3)(b(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr T Moseley - Licensed Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 52bc144b9253def539062e303edea72c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dd56c56321a8e47debd81ea7648f6e69


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2017


meet_title: Canterbury Racing - 11 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing