Canterbury JC 27 June 2020 – R 11 – Chair, Mr S Ching
ID: JCA11597
Code:
Thoroughbred
Meet Title:
Canterbury JC - 27 June 2020
Meet Chair:
SChing
Race Date:
2020/06/27
Race Number:
R11
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Ms Wynne is fined the sum of $400.
Facts:
Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 62 Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms S Wynne, alleging that, as the rider of TAI HO in the race, she struck her mount excessively prior to the 100m.
Ms Wynne was present at the hearing of the information and had endorsed the information that the breach was admitted, which she confirmed. 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:
Flat Races - Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr D Wadley, gave evidence and showed video replays of the final 400 to 500 metres of the race. He pointed out Ms Wynne riding TAI HO, positioned wide on the track and in contention as the field entered the home straight. He said that Ms Wynne drew the whip and used it on 9 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes as submitted by the Stewards.
Submissions for Penalty:
Mr Oatham told the Committee that Ms Wynne had a previous breach of this rule being at Riccarton on 16 November 2019 in a Group 3 race, the New Zealand Cup, where she received a 10 National Day suspension for 13 strikes prior to the 100m. Mr Oatham stated that the JCA Penalty Guide provided a $500 fine for a second offence of this rule. He submitted there were no aggravating factors but mitigating to consider. Mr Oatham stated it was the first day back racing since the lockdown, today's racing conditions were difficult and the financial situation most riders found themselves in, were, in his opinion, mitigating factors to consider.
Ms Wynne stated in mitigation, that she had been struggling financially since Covid-19 had caused the lockdown and racing to be suspended. She added that there was not a lot of opportunity going forward, with reduced race dates, for her to earn a living similar to prior to lockdown.
Mr Oatham stated that the Stewards were not opposed to a discount in penalty due to Ms Wynne's circumstances and the lack of opportunity for riders with the reduced racing dates scheduled in the future.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, for a second offence of this rule. We determined that there were mitigating factors to be considered as noted in Penalty submissions. We determined that due to the financial situation Ms Wynne found herself in, as a result of the Covid 19 lockdown, a discount for that mitigation was warranted in this particular case. This discount we set at a 20% reduction, being $100.
We therefore determined that a fine of $400 was appropriate 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: 218c21620e54e5a1c8a6188143f24a3b
informantnumber: A12819
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/06/2020
hearing_title: Canterbury JC 27 June 2020 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 62 Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms S Wynne, alleging that, as the rider of TAI HO in the race, she struck her mount excessively prior to the 100m.
Ms Wynne was present at the hearing of the information and had endorsed the information that the breach was admitted, which she confirmed. 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:
Flat Races - Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr D Wadley, gave evidence and showed video replays of the final 400 to 500 metres of the race. He pointed out Ms Wynne riding TAI HO, positioned wide on the track and in contention as the field entered the home straight. He said that Ms Wynne drew the whip and used it on 9 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes as submitted by the Stewards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Ms Wynne had a previous breach of this rule being at Riccarton on 16 November 2019 in a Group 3 race, the New Zealand Cup, where she received a 10 National Day suspension for 13 strikes prior to the 100m. Mr Oatham stated that the JCA Penalty Guide provided a $500 fine for a second offence of this rule. He submitted there were no aggravating factors but mitigating to consider. Mr Oatham stated it was the first day back racing since the lockdown, today's racing conditions were difficult and the financial situation most riders found themselves in, were, in his opinion, mitigating factors to consider.
Ms Wynne stated in mitigation, that she had been struggling financially since Covid-19 had caused the lockdown and racing to be suspended. She added that there was not a lot of opportunity going forward, with reduced race dates, for her to earn a living similar to prior to lockdown.
Mr Oatham stated that the Stewards were not opposed to a discount in penalty due to Ms Wynne's circumstances and the lack of opportunity for riders with the reduced racing dates scheduled in the future.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, for a second offence of this rule. We determined that there were mitigating factors to be considered as noted in Penalty submissions. We determined that due to the financial situation Ms Wynne found herself in, as a result of the Covid 19 lockdown, a discount for that mitigation was warranted in this particular case. This discount we set at a 20% reduction, being $100.
We therefore determined that a fine of $400 was appropriate in this case.
penalty:
Accordingly, Ms Wynne is fined the sum of $400.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham- Chief Stipendiary Steward
JockeysandTrainer: S Wynne-Licensed Jockey (Class A)
Otherperson: Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 272cef8c0e819f180c339bdce6f091f3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0186a63905a7c4afe74e3e042ec282cc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/06/2020
meet_title: Canterbury JC - 27 June 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Canterbury JC