Canterbury R 17 November 2018 – R 1 – Chair, Mr S Ching
ID: JCA13671
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 17 November 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/11/17
Race Number:
R1
Decision:
Mr Morgenrood having admitted the breach the charge was found proved.
Penalty:
Mr Morgenrood is fined the sum of $300.
Facts:
Following the running of Race 1, the Recruitment Network Premier, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mr B Morgenrood, alleging that Mr Morgenrood, as the rider of JAMIE in the race, used his whip excessively prior to the 100 metres.
Mr Morgenrood was present at the hearing of the information. Mr Morgenrood 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.
Mr Oatham with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 300 to 400 metres of the race. He pointed out Mr Morgenrood riding JAMIE in the leading position and approximately 3 off the rail as the field entered the home straight. Using the lateral view, Mr McLaughlin showed Mr Morgenrood draw the whip and use it on JAMIE on 5 occasions before a short respite of 3 strides. Mr Morgenrood, he said, then used the whip on a further 9 occasions prior to the 100m without respite as required by the Whip Guidelines.
Mr Morgenrood stated that he was initially using the whip in a fore hand action, then changed to backhand and as a result lost count of the number of strikes.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Morgenrood had a clear record under the Rule over the previous 12 months. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. Mr Oatham submitted that a fine of $300, as per the JCA Penalty Guide, be considered as penalty.
Mr Morgenrood elected to make no submissions on penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for an initial breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 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: 56b888bacdaef4eae18442f33837ce9d
informantnumber: A10099
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/11/2018
hearing_title: Canterbury R 17 November 2018 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Recruitment Network Premier, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mr B Morgenrood, alleging that Mr Morgenrood, as the rider of JAMIE in the race, used his whip excessively prior to the 100 metres.
Mr Morgenrood was present at the hearing of the information. Mr Morgenrood 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.
Mr Oatham with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 300 to 400 metres of the race. He pointed out Mr Morgenrood riding JAMIE in the leading position and approximately 3 off the rail as the field entered the home straight. Using the lateral view, Mr McLaughlin showed Mr Morgenrood draw the whip and use it on JAMIE on 5 occasions before a short respite of 3 strides. Mr Morgenrood, he said, then used the whip on a further 9 occasions prior to the 100m without respite as required by the Whip Guidelines.
Mr Morgenrood stated that he was initially using the whip in a fore hand action, then changed to backhand and as a result lost count of the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Morgenrood having admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Morgenrood had a clear record under the Rule over the previous 12 months. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. Mr Oatham submitted that a fine of $300, as per the JCA Penalty Guide, be considered as penalty.
Mr Morgenrood elected to make no submissions on penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for an initial breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 was an appropriate penalty.
penalty:
Mr Morgenrood is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: B Morgenrood, Licensed Jockey (Class A)
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e2cdd11734082fcbe1721b3bd1646c50
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6839106a7e1cc557d6ec62a358e03591
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2018
meet_title: Canterbury Racing - 17 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