Canterbury JC 23 February 2018 – R 3 – Chair, Mr S Ching
ID: JCA16099
Code:
Thoroughbred
Meet Title:
Canterbury JC - 23 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/02/23
Race Number:
R3
Decision:
Miss Morgan having admitted the breach; the charge was found proved.
Penalty:
Miss Morgan’s Class B licence is suspended from the conclusion of racing today, 23 February up to and including 7 March 2018. The meetings at Hastings on 24 February and Wairoa on 26 February were not included in this penalty as riders for both meetings had been declared.
Facts:
Following the running of Race 3, the NZB South Island Sale April 20 Rating 65, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Morgan, alleging that she used the whip excessively prior to the 100m when riding VINSANITY.
Miss Morgan was present at the hearing of the information and was assisted at the hearing by her employer, Licensed Trainer, Mr M Pitman. Miss Morgan 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 McLaughlin, with the assistance of Stipendiary Steward, Mr M Williamson, showed video replays of the final 200 metres of the race. He pointed out Miss Morgan riding VINSANITY, in the lead and racing just off the rail. Mr Williamson said that near the 200m, Miss Morgan, drew the whip and struck VINSANITY 8 times before going back to push for 3 strides, then drawing the whip again and striking the horse 3 further times before the 100m mark. He said the total strikes were 10, but the pauses were insufficient under the Guidelines and that was the reason Miss Morgan was being charged. Mr Williamson stated that the breach was low level and the strikes were low force.
Mr Pitman stated that this rule is the most inconsistent in racing. He asked why some riders get warnings and some riders not. He showed a race day report from the recent Poverty Bay meeting where a number of riders were warned. Mr Pitman stated that they had obviously broken the rules so why weren’t they charged not warned. He said that he had had a discussion with Mr Oatham recently, in regard to why rider O Bosson did not get charged when he used the whip 9 times in a race. Mr Pitman said that it was alright for a strong rider to “thrash the shit” out of a mount over the final 100m and not be charged with excessive use. He said the rule was there to appease the horse welfare people and yet the rule allows a horse to be thrashed over the final stages. Mr Pitman stated that this was the stupidest rule in racing. He said, what is worse, Miss Morgan hitting the horse 11 times outside the 100m or a strong rider standing bolt upright on a horse, “hitting the shit out of it” inside the final 100m. Mr Pitman stated that this rule would be gone within 12 months which he said he was willing to bet on. He conceded that it was clear that Miss Morgan had used the whip too many times without the required pauses which was why she admitted the breach.
Submissions for Penalty:
Mr McLaughlin told the Committee that Miss Morgan’s penalty record showed 2 previous breaches of this rule since 1 August being on 7 October 2017 at Riccarton, where she was fined $300 and 8 December at Riccarton where she was fined $600 for 18 strikes, low force, and went on to win the race. He said the JCA Penalty Guide provides for a 6 to 8 National day suspension for a third and subsequent breach of this rule within a 12-month period. Mr McLaughlin stated that the breach was low end with low force and submitted that a minimum suspension be considered as penalty in this case.
Miss Morgan elected to make no submissions on penalty but asked that any suspension begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule with a 12-month period. The Committee agreed with the Stewards that this breach was low level in all respects being the number of strikes and the force of those strikes. As there were no aggravating factors to consider, therefore no uplift in penalty was required. Due to the very low level of the breach the Committee determined that a 5 National Day suspension was an appropriate penalty in this case.
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: bbe552b304b8aa2ea5fad6b2aa09a184
informantnumber: A8138
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/02/2018
hearing_title: Canterbury JC 23 February 2018 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the NZB South Island Sale April 20 Rating 65, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Morgan, alleging that she used the whip excessively prior to the 100m when riding VINSANITY.
Miss Morgan was present at the hearing of the information and was assisted at the hearing by her employer, Licensed Trainer, Mr M Pitman. Miss Morgan 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 McLaughlin, with the assistance of Stipendiary Steward, Mr M Williamson, showed video replays of the final 200 metres of the race. He pointed out Miss Morgan riding VINSANITY, in the lead and racing just off the rail. Mr Williamson said that near the 200m, Miss Morgan, drew the whip and struck VINSANITY 8 times before going back to push for 3 strides, then drawing the whip again and striking the horse 3 further times before the 100m mark. He said the total strikes were 10, but the pauses were insufficient under the Guidelines and that was the reason Miss Morgan was being charged. Mr Williamson stated that the breach was low level and the strikes were low force.
Mr Pitman stated that this rule is the most inconsistent in racing. He asked why some riders get warnings and some riders not. He showed a race day report from the recent Poverty Bay meeting where a number of riders were warned. Mr Pitman stated that they had obviously broken the rules so why weren’t they charged not warned. He said that he had had a discussion with Mr Oatham recently, in regard to why rider O Bosson did not get charged when he used the whip 9 times in a race. Mr Pitman said that it was alright for a strong rider to “thrash the shit” out of a mount over the final 100m and not be charged with excessive use. He said the rule was there to appease the horse welfare people and yet the rule allows a horse to be thrashed over the final stages. Mr Pitman stated that this was the stupidest rule in racing. He said, what is worse, Miss Morgan hitting the horse 11 times outside the 100m or a strong rider standing bolt upright on a horse, “hitting the shit out of it” inside the final 100m. Mr Pitman stated that this rule would be gone within 12 months which he said he was willing to bet on. He conceded that it was clear that Miss Morgan had used the whip too many times without the required pauses which was why she admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Morgan having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Miss Morgan’s penalty record showed 2 previous breaches of this rule since 1 August being on 7 October 2017 at Riccarton, where she was fined $300 and 8 December at Riccarton where she was fined $600 for 18 strikes, low force, and went on to win the race. He said the JCA Penalty Guide provides for a 6 to 8 National day suspension for a third and subsequent breach of this rule within a 12-month period. Mr McLaughlin stated that the breach was low end with low force and submitted that a minimum suspension be considered as penalty in this case.
Miss Morgan elected to make no submissions on penalty but asked that any suspension begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule with a 12-month period. The Committee agreed with the Stewards that this breach was low level in all respects being the number of strikes and the force of those strikes. As there were no aggravating factors to consider, therefore no uplift in penalty was required. Due to the very low level of the breach the Committee determined that a 5 National Day suspension was an appropriate penalty in this case.
penalty:
Miss Morgan’s Class B licence is suspended from the conclusion of racing today, 23 February up to and including 7 March 2018. The meetings at Hastings on 24 February and Wairoa on 26 February were not included in this penalty as riders for both meetings had been declared.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: A Morgan, Licensed Apprentice Jockey (Class B)
Otherperson: M Pitman-Licensed Trainer, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7b182eced46b040c005c641258c5e091
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 095117e79abdede5d637f6dbc2dd1746
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/02/2018
meet_title: Canterbury JC - 23 February 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