Canterbury JC 22 September 2018 – R 8 – Chair, Mr S Ching
ID: JCA11372
Code:
Thoroughbred
Meet Title:
Canterbury JC - 22 September 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/09/22
Race Number:
R8
Decision:
Miss Comignaghi having admitted the breach; the charge was found proved.
Penalty:
Miss Comignaghi is fined the sum of $500.
Facts:
Following the running of Race 8, the Strategy Creative Open Handicap, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Miss A Comignaghi, alleging that Miss Comignaghi, as the rider of SENSEI in the race, “used her whip excessively prior to the 100m.”
Miss Comignaghi was present at the hearing of the information and was assisted by NZTR Apprentice Jockey Mentor, Mr D Walsh. Miss Comignaghi had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with.
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 Davidson showed video replays of the final 300-400 metres of the race. He pointed out Miss Comignaghi riding SENSEI, racing in a prominent position 2 off the rail. He said that Miss Comignaghi drew the whip inside the 400m and used it on 9 occasions with only brief pauses of 3 to 4 strides on 2 occasions prior to the 100m. Mr Davidson stated that Miss Comignaghi had failed to cease for the minimum 5 strides as required under the Whip Guidelines.
Miss Comignaghi elected to make no submissions on the breach.
Submissions for Penalty:
Mr Davidson told the Committee that Miss Comighnaghi had a record that showed a previous breach of this rule on 31 March 2018 at Riverton where she received a fine of $300. Mr Davidson stated that the JCA Penalty Guide provided a $500 fine for a second breach of this rule within a 12-month period. He stated that the breach was low-level and submitted that a $500 fine as per the Penalty Guide be considered as penalty.
Miss Comignaghi elected to make no submissions on penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a 2nd breach of this rule within a 12-month period. We agreed with the Stewards that the breach was at a low-level. We determined there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore decided that a $500 fine was an appropriate penalty.
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: 18c25e4389482f009e4c23d2be2f2eca
informantnumber: 8193
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/09/2018
hearing_title: Canterbury JC 22 September 2018 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Strategy Creative Open Handicap, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Miss A Comignaghi, alleging that Miss Comignaghi, as the rider of SENSEI in the race, “used her whip excessively prior to the 100m.”
Miss Comignaghi was present at the hearing of the information and was assisted by NZTR Apprentice Jockey Mentor, Mr D Walsh. Miss Comignaghi had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with.
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 Davidson showed video replays of the final 300-400 metres of the race. He pointed out Miss Comignaghi riding SENSEI, racing in a prominent position 2 off the rail. He said that Miss Comignaghi drew the whip inside the 400m and used it on 9 occasions with only brief pauses of 3 to 4 strides on 2 occasions prior to the 100m. Mr Davidson stated that Miss Comignaghi had failed to cease for the minimum 5 strides as required under the Whip Guidelines.
Miss Comignaghi elected to make no submissions on the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Comignaghi having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Miss Comighnaghi had a record that showed a previous breach of this rule on 31 March 2018 at Riverton where she received a fine of $300. Mr Davidson stated that the JCA Penalty Guide provided a $500 fine for a second breach of this rule within a 12-month period. He stated that the breach was low-level and submitted that a $500 fine as per the Penalty Guide be considered as penalty.
Miss Comignaghi elected to make no submissions on penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a 2nd breach of this rule within a 12-month period. We agreed with the Stewards that the breach was at a low-level. We determined there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore decided that a $500 fine was an appropriate penalty.
penalty:
Miss Comignaghi is fined the sum of $500.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: M Davidson (Stipendiary Steward)
JockeysandTrainer: A Comignaghi-Licensed Apprentice Jockey (Class B)
Otherperson: D Walsh - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: adf7fce87f0871728cefc3408a1844ee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1dc524fef5dec2c43f51d0ec605ef95b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/09/2018
meet_title: Canterbury JC - 22 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Canterbury JC