Canterbury R 16 March 2017 – R 4 – Chair, Mr S Ching
ID: JCA11678
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 16 March 2017
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Race Date:
2017/03/16
Race Number:
R4
Decision:
As Mr Shaikh had admitted the charge it was deemed to be proved.
Penalty:
Mr Shaikh was fined the sum of $250.
Facts:
Following the running of Race 4, the NZB South Island Sale April 21 Rating 65, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Apprentice Jockey Mr P Shaikh, alleging a breach of Rule 638(3)(b) (ii) in that he used his whip in an excessive manner prior to the 200m when riding FUN FAIR.
Rule 638(3)(b)(ii) reads 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
Mr Shaikh had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Shaikh also confirmed he understood the rule he was being charged with. Mr Shaikh was assisted at the hearing by his employer Mr M Pitman and his mentor Mr D Walsh.
Mr McLaughlin gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr M Williamson, to show Mr Shaikh riding FUN FAIR, in a prominent position on the rails near the 400m. Mr Williamson stated that shortly after entering the home straight Mr Shaikh drew the whip and used the whip on 5 occasions before going back to the whip rein and pushing for approximately 3 strides. He then used the whip on a further 5 occasions prior to the 200m. Mr Williamson stated that the reason Mr Shaikh was being charged was that he had failed to go back to the whip rein with his whip hand and push his mount for the required 6 strides as required by the Whip Guidelines prior to the 200m.
Mr Shaikh stated that he had been away from riding for over a month and this was his first ride back. He said he thought he had used the whip within the guidelines but admitted that he had got carried away when in a prominent position approaching the 200m.
Mr Pitman stated that Mr Shaikh had pushed 6 times over 3 strides between his use of the whip, not pushed for 6 strides. He also stated that the breach was low level.
Submissions for Penalty:
Mr McLaughlin stated that Mr Shaikh’s penalty record showed a breach of this rule on 1 May 2016 where he was fined the sum of $300. Mr McLaughlin submitted that a fine was an appropriate penalty in this case and that the level of the fine be consistent with recent similar breaches.
Mr Walsh stated that he had been working hard with Mr Shaikh, after a few misdemeanours in January, to get Mr Shaikh focused and concentrating on aspects of his riding, which he said was going well. He said clearly today he just got a little bit carried away. Mr Walsh said that for the sake of 3 pushes he was before the JCA and under the circumstances submitted that a warning be imposed instead of a fine.
Mr Pitman stated that Mr Shaikh did not punish the horse and that the breach was low level. He submitted that consideration be given to a warning instead of a fine due to the recent circumstances of Mr Shaikh.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all aggravating and mitigating factors. We find there are no aggravating factors which would warrant an uplift in penalty but there are a number of mitigating factors to consider. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to afford Mr Shaikh a discount of $100 for his admission of the breach and a further $100 for his reasonably good record and his status as a Class B rider. We were also able to afford Mr Shaikh a further discount of $50 for the matters raised in support by Mr Walsh and Mr Pitman, which focused on personal matters of Mr Shaikh and his absence from riding over the previous 6 weeks. We therefore determined that an appropriate penalty in this case was a fine of $250.
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: 28116121b83892d950e9a432d0a83a34
informantnumber: A8122
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 638(3)(b)(ii) –Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/03/2017
hearing_title: Canterbury R 16 March 2017 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the NZB South Island Sale April 21 Rating 65, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Apprentice Jockey Mr P Shaikh, alleging a breach of Rule 638(3)(b) (ii) in that he used his whip in an excessive manner prior to the 200m when riding FUN FAIR.
Rule 638(3)(b)(ii) reads 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
Mr Shaikh had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Shaikh also confirmed he understood the rule he was being charged with. Mr Shaikh was assisted at the hearing by his employer Mr M Pitman and his mentor Mr D Walsh.
Mr McLaughlin gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr M Williamson, to show Mr Shaikh riding FUN FAIR, in a prominent position on the rails near the 400m. Mr Williamson stated that shortly after entering the home straight Mr Shaikh drew the whip and used the whip on 5 occasions before going back to the whip rein and pushing for approximately 3 strides. He then used the whip on a further 5 occasions prior to the 200m. Mr Williamson stated that the reason Mr Shaikh was being charged was that he had failed to go back to the whip rein with his whip hand and push his mount for the required 6 strides as required by the Whip Guidelines prior to the 200m.
Mr Shaikh stated that he had been away from riding for over a month and this was his first ride back. He said he thought he had used the whip within the guidelines but admitted that he had got carried away when in a prominent position approaching the 200m.
Mr Pitman stated that Mr Shaikh had pushed 6 times over 3 strides between his use of the whip, not pushed for 6 strides. He also stated that the breach was low level.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Shaikh had admitted the charge it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Shaikh’s penalty record showed a breach of this rule on 1 May 2016 where he was fined the sum of $300. Mr McLaughlin submitted that a fine was an appropriate penalty in this case and that the level of the fine be consistent with recent similar breaches.
Mr Walsh stated that he had been working hard with Mr Shaikh, after a few misdemeanours in January, to get Mr Shaikh focused and concentrating on aspects of his riding, which he said was going well. He said clearly today he just got a little bit carried away. Mr Walsh said that for the sake of 3 pushes he was before the JCA and under the circumstances submitted that a warning be imposed instead of a fine.
Mr Pitman stated that Mr Shaikh did not punish the horse and that the breach was low level. He submitted that consideration be given to a warning instead of a fine due to the recent circumstances of Mr Shaikh.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all aggravating and mitigating factors. We find there are no aggravating factors which would warrant an uplift in penalty but there are a number of mitigating factors to consider. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to afford Mr Shaikh a discount of $100 for his admission of the breach and a further $100 for his reasonably good record and his status as a Class B rider. We were also able to afford Mr Shaikh a further discount of $50 for the matters raised in support by Mr Walsh and Mr Pitman, which focused on personal matters of Mr Shaikh and his absence from riding over the previous 6 weeks. We therefore determined that an appropriate penalty in this case was a fine of $250.
penalty:
Mr Shaikh was fined the sum of $250.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J McLaughlin - Stipendiary Steward
JockeysandTrainer: P Shaikh-Class B Licensed Apprentice Jockey
Otherperson: M Pitman-Class A Trainer, D Walsh-Mentor, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 08e32a890a0ee0c9ad659c35f313d70e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3450a2c35b095c9dd39ba9bef6e4fc98
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2017
meet_title: Canterbury Racing - 16 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: none
name: Canterbury Racing