Archive Decision

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Canterbury R 13 April 2019 – R 8 – Chair, Mr S Ching

ID: JCA13838

Applicant:
J Oatham- Chief Stipendiary Steward

Respondent(s):
L Allpress-Licensed Jockey (Class A)

Information Number:
A5449

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 13 April 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/04/13

Race Number:
R8

Decision:

Mrs Allpress having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mrs Allpress is fined the sum of $400.

Facts:

Following the running of Race 8, the Group 3 Coco Cola Canterbury Gold Cup, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mrs L Allpress, alleging that, as the rider of RESIDENTIAL in the race, “used her whip excessively prior to the 100m.”

Mrs Allpress was present at the hearing of the information and confirmed to the Committee that she understood the rule she was being charged under and that she admitted the breach.

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 gave evidence and showed video replays of the final 300 metres of the race. He pointed out Mrs Allpress riding RESIDENTIAL, racing in second position inside the 300m. Mr Oatham said that Mrs Allpress drew the whip and used it on 9 occasions, with only brief pauses, not the required 5 strides, prior to the 100m. He said that inside the 100m, Mrs Allpress did not strike the horse again apart from 1 slap with the whip.

Mrs Allpress stated she thought she was sitting off Miss Wynne's horse to get the last run at her. She said her horse was travelling very well but when asked to improve did not respond that well and that was why she continued with the whip. Mrs Allpress said she did not realise how many times she had hit the horse.

Submissions for Penalty:

Mr Oatham told the Committee that Mrs Allpress had a clear record over the previous 12 months. He said the aggravating factor was the status of the race being Group 3 which he submitted warranted an uplift in penalty.

Mrs Allpress stated she had only been warned twice before in her career for whip use. She asked that her good record be taken into consideration when considering penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first breach of this rule within a 12-month period. The aggravating factor was the status of the race being Group 3 which warranted an uplift in penalty which we set a $100. Although Mrs Allpress has an excellent record with this rule the Penalty Guide does not provide for this factor to be taken into account. The Committee 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: 756c889b7d886743af32710d4853ab56


informantnumber: A5449


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 16/04/2019


hearing_title: Canterbury R 13 April 2019 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, the Group 3 Coco Cola Canterbury Gold Cup, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mrs L Allpress, alleging that, as the rider of RESIDENTIAL in the race, “used her whip excessively prior to the 100m.”

Mrs Allpress was present at the hearing of the information and confirmed to the Committee that she understood the rule she was being charged under and that she admitted the breach.

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 gave evidence and showed video replays of the final 300 metres of the race. He pointed out Mrs Allpress riding RESIDENTIAL, racing in second position inside the 300m. Mr Oatham said that Mrs Allpress drew the whip and used it on 9 occasions, with only brief pauses, not the required 5 strides, prior to the 100m. He said that inside the 100m, Mrs Allpress did not strike the horse again apart from 1 slap with the whip.

Mrs Allpress stated she thought she was sitting off Miss Wynne's horse to get the last run at her. She said her horse was travelling very well but when asked to improve did not respond that well and that was why she continued with the whip. Mrs Allpress said she did not realise how many times she had hit the horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mrs Allpress having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that Mrs Allpress had a clear record over the previous 12 months. He said the aggravating factor was the status of the race being Group 3 which he submitted warranted an uplift in penalty.

Mrs Allpress stated she had only been warned twice before in her career for whip use. She asked that her good record be taken into consideration when considering penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first breach of this rule within a 12-month period. The aggravating factor was the status of the race being Group 3 which warranted an uplift in penalty which we set a $100. Although Mrs Allpress has an excellent record with this rule the Penalty Guide does not provide for this factor to be taken into account. The Committee therefore determined that a fine of $400 was appropriate in this case.


penalty:

Accordingly, Mrs Allpress is fined the sum of $400.


hearing_type: Hearing


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


Informant: J Oatham- Chief Stipendiary Steward


JockeysandTrainer: L Allpress-Licensed Jockey (Class A)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8b83173437a8e37169cf1576fc7896f0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 89301965bf41413c1fea36c23f828d5d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/04/2019


meet_title: Canterbury Racing - 13 April 2019


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