Archive Decision

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Canterbury JC 7 September 2019 – R 10 – Chair, Mr R McKenzie

ID: JCA13594

Applicant:
J M McLaughlin, Stipendiary Steward

Respondent(s):
C A Campbell, Licensed Apprentice Jockey (Class B)

Other Person:
Mr M R Davidson - Stipendiary Steward, Mr J R Lowry - Licensed Open Jockey assisting Mr Campbell

Information Number:
A11463

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 7 September 2019

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2019/09/07

Race Number:
R10

Decision:

Mr Campbell has admitted the breach and, accordingly, the charge is found proved.

Penalty:

Mr Campbell’s Apprentice Jockey’s Licence (Class B) is suspended from after the close of racing on Saturday, 7 September 2019, up to and including 19 September 2019 – 6 national riding days.

Facts:

Following the running of Race 10, Racecourse Hotel and Motor Lodge Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr C A Campbell, alleging that Mr Campbell, as the rider of BRIDGET TOWN in the race, “struck his mount excessively prior to the 100 metres”.

Mr Campbell was present at the hearing of the information and he indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Licensed Open Jockey (Class A), Mr J R Lowry.

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 had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out Mr Campbell, riding BRIDGET TOWN, disputing the lead 3-wide as the field entered the home straight. He pointed out Mr Campbell strike his mount once and, after a break, from that point, Mr Davidson said, Stewards were alleging that Mr Campbell had used his whip on a further eight occasions prior to the 100 metres. Those strikes were not on consecutive strides but were broken up, but none of those breaks was for longer than three strides, Mr Davidson said. Mr Davidson asked the Committee to note that, after the 100 metres, Mr Campbell only used his whip once.

Mr Campbell said that he had not struck his mount excessively but he accepted that he had not given it the required five strides respite. He had got his counting “a bit mixed up”, he said. He accepted the count of eight strikes prior to the 100 metres.

Mr Lowry submitted that, while Mr Campbell’s use whip did breach the guidelines, it was not excessive and it could be seen that he did try to count. He has tried to break it up for 3-4 strides. Mr Campbell has been riding competitively and has made an error of judgement. He is a young apprentice, who is riding really well and trying really hard, Mr Lowry said.

Submissions for Penalty:

Mr McLaughlin told the hearing that Mr Campbell’s record in the last 12 months shows a $500 fine on 3 April last at South Canterbury and, on 6 April last, at Riccarton Park, a 6-days suspension. Stewards see this breach as being able to be dealt with by a suspension, he said. He stressed what Mr Davidson had said that Mr Campbell had only drawn his whip once in the final 100 metres and the horse did respond.

Mr Campbell told the Committee that he wished any suspension to commence immediately.

Reasons for Penalty:

The appropriate Penalty Guide starting point in this case is a 6-8 national riding days suspension. The Committee assesses the breach as being low-range after considering the fact that Mr Campbell had clearly broken up his whip use and had not used the whip excessively in the final 100 metres. For a low-range breach, after a consideration of those factors, the appropriate penalty is a 6 national riding days suspension.

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: 4b2483be97209f666b67e60f5d9b7ab3


informantnumber: A11463


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2019


hearing_title: Canterbury JC 7 September 2019 - R 10 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 10, Racecourse Hotel and Motor Lodge Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr C A Campbell, alleging that Mr Campbell, as the rider of BRIDGET TOWN in the race, “struck his mount excessively prior to the 100 metres”.

Mr Campbell was present at the hearing of the information and he indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Licensed Open Jockey (Class A), Mr J R Lowry.

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 had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out Mr Campbell, riding BRIDGET TOWN, disputing the lead 3-wide as the field entered the home straight. He pointed out Mr Campbell strike his mount once and, after a break, from that point, Mr Davidson said, Stewards were alleging that Mr Campbell had used his whip on a further eight occasions prior to the 100 metres. Those strikes were not on consecutive strides but were broken up, but none of those breaks was for longer than three strides, Mr Davidson said. Mr Davidson asked the Committee to note that, after the 100 metres, Mr Campbell only used his whip once.

Mr Campbell said that he had not struck his mount excessively but he accepted that he had not given it the required five strides respite. He had got his counting “a bit mixed up”, he said. He accepted the count of eight strikes prior to the 100 metres.

Mr Lowry submitted that, while Mr Campbell’s use whip did breach the guidelines, it was not excessive and it could be seen that he did try to count. He has tried to break it up for 3-4 strides. Mr Campbell has been riding competitively and has made an error of judgement. He is a young apprentice, who is riding really well and trying really hard, Mr Lowry said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Campbell has admitted the breach and, accordingly, the charge is found proved.


sumissionsforpenalty:

Mr McLaughlin told the hearing that Mr Campbell’s record in the last 12 months shows a $500 fine on 3 April last at South Canterbury and, on 6 April last, at Riccarton Park, a 6-days suspension. Stewards see this breach as being able to be dealt with by a suspension, he said. He stressed what Mr Davidson had said that Mr Campbell had only drawn his whip once in the final 100 metres and the horse did respond.

Mr Campbell told the Committee that he wished any suspension to commence immediately.


reasonsforpenalty:

The appropriate Penalty Guide starting point in this case is a 6-8 national riding days suspension. The Committee assesses the breach as being low-range after considering the fact that Mr Campbell had clearly broken up his whip use and had not used the whip excessively in the final 100 metres. For a low-range breach, after a consideration of those factors, the appropriate penalty is a 6 national riding days suspension.


penalty:

Mr Campbell’s Apprentice Jockey’s Licence (Class B) is suspended from after the close of racing on Saturday, 7 September 2019, up to and including 19 September 2019 – 6 national riding days.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: J M McLaughlin, Stipendiary Steward


JockeysandTrainer: C A Campbell, Licensed Apprentice Jockey (Class B)


Otherperson: Mr M R Davidson - Stipendiary Steward, Mr J R Lowry - Licensed Open Jockey assisting Mr Campbell


PersonPresent:


Respondent:


StipendSteward:


raceid: 7094bce2c946404bc512bd0dd34666fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 42a80b583843e730abd8e6bf7ec5aa4d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/09/2019


meet_title: Canterbury JC - 7 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: Canterbury JC