Canterbury R 10 November 2018 – R 10 (heard 14 November 2018 at Riccarton) – Chair, Mr S Ching

hearingid: 13c995383d54ec2c2e2d05af53094c51

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hearing_racingtype: thoroughbred-racing

startdate: 10/11/2018

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hearing_title: Canterbury R 10 November 2018 - R 10 (heard 14 November 2018 at Riccarton) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: J Oatham, Chief Stipendiary Steward

Respondent: J Parkes, Licensed Jockey (Class A)

Information No: A10091

Meeting: Canterbury Racing

Venue: Riccarton Park

Race: 10

Rule No: 638 (3) (b) (ii)

Judicial Committee: S Ching, Chairman, J McKenzie, Panellist

Also Present: Mr J McLaughlin, Stipendiary Steward

Charge: Excessive use of the whip

Plea: Admitted

FACTS:

This was an adjourned hearing, heard on the meetings 2nd day, Wednesday 14 November.

Following the running of Race 10, the Blue Star Taxis Premier, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mr J Parkes, alleging that Mr Parkes, as the rider of IRISH FLAME in the race, “used his whip excessively prior to the 100 metres”.

Mr Parkes had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he 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.

SUBMISSION(S):

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 400 metres of the race. He pointed out Mr Parkes riding IRISH FLAME, racing on the outside of the field and in contention. Mr McLaughlin, using the lateral view, showed that just inside the 200m, Mr Parkes used the whip and struck IRISH FLAME on 9 occasions with only 1 brief respite of 3 strides, prior to the 100m. Mr Oatham stated that of further concern was the total number of strikes used by Mr Parkes from the home turn to the winning post being 29 in total. This, he said, was in the Stewards' view, excessive and together with the fact that Mr Parkes got up to win the race, put this breach in the high range. Mr Oatham submitted that the Committee needed to be mindful of the overall look of the whip use throughout the final straight as well as the fact that Mr Parkes has breached the Guidelines and gone on to win the race by a narrow margin.

Mr Parkes stated that he understood what Mr Oatham was saying and conceded that he had been excessive with his whip use as well as failing to give the required respite as per the Whip Regulations. He also said he did not dispute the number of strikes as presented by the Stewards.

DECISION:

Mr Parkes having admitted the breach; the charge was found proved.

PENALTY SUBMISSIONS:

Mr Oatham told the Committee that Mr Parkes' record showed 2 breaches of this rule over the previous 12 months being on 2 December 2017 at Auckland, a 6 National Day suspension for 8 strikes and 1 January 2018 at Auckland a 9 National day suspension plus a $750 fine for 12 strikes in a Group 2 race. He said the JCA Penalty Guide provides a starting point of a 6 to 8 National Day suspension for 3rd and subsequent breach of this rule and submitted that after taking all factors into consideration a suspension of not less than 8 National days be considered as penalty.

Mr Parkes stated that his last suspension was 10.5 months previous. He also said that he was a busy rider and had ridden in a lot of race rides since this last breach. He submitted that these factors should be taken into consideration when assessing penalty. Mr Parkes also stated that consideration be given to future rides he had at the upcoming Premier meeting at Waikato on 24 November.

Mr Parkes requested a deferment of penalty until after racing on Saturday 17 November at Riccarton where he had confirmed engagements.

PENALTY REASONS:

In determining penalty, the Committee had regard to the starting point of a 6 to 8 National Day suspension for a 3rd and subsequent breach of this rule, mitigation inclusive. We agreed with the Stewards, in that the totality of this breach was high range, with the total number of strikes in the straight, the lack of respite as required and the fact that Mr Parkes got up to win the race in a tight finish, as factors to be taken into consideration. Taking all these factors into account, including the nearly 11 month break since his last whip breach, we determined that an 8 National Day suspension was an appropriate penalty in this case.

PENALTY:

Mr Parkes' request for a deferment until after racing on 17 November is granted. Mr Parkes' Class A licence is suspended from the conclusion of racing 17 November up to and including 29 November 2018.

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hearing_type: Old Hearing

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

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