Canterbury R 10 November 2018 – R 5 – Chair, Mr S Ching
ID: JCA16300
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 10 November 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/11/10
Race Number:
R5
Decision:
Miss Morgan having admitted the breach; the charge was found proved.
Penalty:
Miss Morgan’s Class A licence is suspended from the conclusion of racing today 10 November up to and including 29 November 2018.
Facts:
Following the running of Race 5, the Yesburg Insurance Services Pegasus Stakes Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss A Morgan, alleging that Miss Morgan, as the rider of MORSE CODE in the race, “used her whip excessively prior to the 100 metres”.
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 Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 300-400 metres of the race. He pointed out Miss Morgan riding MORSE CODE, racing 3 wide and in contention. Mr McLaughlin, using the lateral view, showed that inside the 400m, Miss Morgan drew the whip and struck MORSE CODE on 20 occasions with only 1 brief pause, prior to the 100m. Mr Oatham stated that even though Miss Morgan’s strikes were not severe, this breach was high end due to the number of strikes and the lack of respite given.
Miss Morgan did not dispute the evidence presented and made no submissions in regard to the charge.
Submissions for Penalty:
Mr Oatham told the Committee that Miss Morgan’s record showed 3 breaches of this rule over the previous 12 months. Miss Morgan was fined the sum of $600 on 8 December 2017, suspended for 5 National Days at Riccarton on 23 February and received a 9 National day suspension at Riccarton on 4 April 2018. Mr Oatham stated the breach was high-level with aggravating factors being Miss Morgan’s record and the status of the race, being a Listed raced with a stake of $50,000. The JCA Penalty Guide provided a starting point of a 6 to 8 National Day suspension for 3rd and subsequent breach of this rule and submitted that a minimum of a 12 national day suspension be considered as penalty.
Miss Morgan made no submissions on penalty. She requested any suspension begin as soon as possible.
Reasons for Penalty:
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. This Committee agreed with the Stewards that this breach was high-range, and accordingly, we adopted an 8 National Day starting point. The aggravating factors were firstly, Miss Morgan’s record, this being the 4th breach in the previous 12 months, although we noted that the last breach was 7 months prior. This factor warranted an uplift in penalty which we set at 3 days. Another aggravating factor was the status of the race which also warranted an uplift which we set at 2 days. We therefore determined that a 13 National day suspension 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: d63b1a157ffeddb71fc1db890ce119b5
informantnumber: A10089
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2018
hearing_title: Canterbury R 10 November 2018 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Yesburg Insurance Services Pegasus Stakes Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss A Morgan, alleging that Miss Morgan, as the rider of MORSE CODE in the race, “used her whip excessively prior to the 100 metres”.
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 Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 300-400 metres of the race. He pointed out Miss Morgan riding MORSE CODE, racing 3 wide and in contention. Mr McLaughlin, using the lateral view, showed that inside the 400m, Miss Morgan drew the whip and struck MORSE CODE on 20 occasions with only 1 brief pause, prior to the 100m. Mr Oatham stated that even though Miss Morgan’s strikes were not severe, this breach was high end due to the number of strikes and the lack of respite given.
Miss Morgan did not dispute the evidence presented and made no submissions in regard to the charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Morgan having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Miss Morgan’s record showed 3 breaches of this rule over the previous 12 months. Miss Morgan was fined the sum of $600 on 8 December 2017, suspended for 5 National Days at Riccarton on 23 February and received a 9 National day suspension at Riccarton on 4 April 2018. Mr Oatham stated the breach was high-level with aggravating factors being Miss Morgan’s record and the status of the race, being a Listed raced with a stake of $50,000. The JCA Penalty Guide provided a starting point of a 6 to 8 National Day suspension for 3rd and subsequent breach of this rule and submitted that a minimum of a 12 national day suspension be considered as penalty.
Miss Morgan made no submissions on penalty. She requested any suspension begin as soon as possible.
reasonsforpenalty:
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. This Committee agreed with the Stewards that this breach was high-range, and accordingly, we adopted an 8 National Day starting point. The aggravating factors were firstly, Miss Morgan’s record, this being the 4th breach in the previous 12 months, although we noted that the last breach was 7 months prior. This factor warranted an uplift in penalty which we set at 3 days. Another aggravating factor was the status of the race which also warranted an uplift which we set at 2 days. We therefore determined that a 13 National day suspension was an appropriate penalty.
penalty:
Miss Morgan’s Class A licence is suspended from the conclusion of racing today 10 November up to and including 29 November 2018.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham, Chief Stipendiary Steward
JockeysandTrainer: A Morgan, Licensed Jockey (Class A)
Otherperson: Mr J M McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: db2b8934324d6ead30daf59da2d5aaca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 53ba8b769d1bed32013d481e704b2584
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2018
meet_title: Canterbury Racing - 10 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing