Canterbury R 2 April 2016 – R 2 – Chair, Mr S Ching
ID: JCA15313
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 2 April 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/04/02
Race Number:
R2
Decision:
As Mr Mudhoo had admitted the charge it was deemed to be proved.
Penalty:
Mr Mudhoo was fined the sum of $250.
Facts:
Following the running of Race 2, the Canterbury Equine Clinic Two-Year-Old, an Information was filed by Senior Stipendiary Steward Mr J Oatham against Licensed Apprentice Jockey Mr K Mudhoo, alleging a breach of Rule 638(3)(b) (ii) in that he used his whip excessively on RESIDENTIAL prior to the 200m.
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 Mudhoo had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Mudhoo also confirmed he understood the rule he was being charged with. Mr Mudhoo was assisted at the hearing by NZTR Apprentice Mentor, Mr W Harnett.
Mr Oatham gave evidence and produced video replays to show Mr Mudhoo riding RESIDENTIAL, who was racing in a trailing position behind the leader and on the rails as the field approached the final straight. Mr Oatham stated that shortly after entering the home straight Mr Mudhoo drew the whip and used the whip on 12 to 13 occasions prior to the 200m. Mr Oatham stated that the reason Mr Mudhoo was being charged was that he had failed to go back to the whip rein with his whip hand as required by the Whip Guidelines prior to the 200m.
Mr Mudhoo and Mr Harnett stated that it was obvious on the films that Mr Mudhoo was in breach of the Rule.
Submissions for Penalty:
Mr Oatham stated that Mr Mudhoo had a clear penalty record in relation to this rule and that this was his first career breach. He also stated that Mr Mudhoo had admitted the breach at the first opportunity and that his status as a relatively inexperienced Apprentice rider be taken into consideration. Mr Oatham submitted that a fine of between $200 and $300 be considered as penalty.
Mr Mudhoo informed the Committee that he had, to date, had 124 race day rides.
He submitted that a fine was a preferred penalty.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Mudhoo’s good record, his admission of the breach and his status as a relatively inexperienced Apprentice rider as mitigating factors. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Mr Mudhoo a combined discount of $250 for the above mitigating factors. 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: 831e20cde5bf262534fe579678112e6e
informantnumber: A6948
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: 02/04/2016
hearing_title: Canterbury R 2 April 2016 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Canterbury Equine Clinic Two-Year-Old, an Information was filed by Senior Stipendiary Steward Mr J Oatham against Licensed Apprentice Jockey Mr K Mudhoo, alleging a breach of Rule 638(3)(b) (ii) in that he used his whip excessively on RESIDENTIAL prior to the 200m.
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 Mudhoo had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Mudhoo also confirmed he understood the rule he was being charged with. Mr Mudhoo was assisted at the hearing by NZTR Apprentice Mentor, Mr W Harnett.
Mr Oatham gave evidence and produced video replays to show Mr Mudhoo riding RESIDENTIAL, who was racing in a trailing position behind the leader and on the rails as the field approached the final straight. Mr Oatham stated that shortly after entering the home straight Mr Mudhoo drew the whip and used the whip on 12 to 13 occasions prior to the 200m. Mr Oatham stated that the reason Mr Mudhoo was being charged was that he had failed to go back to the whip rein with his whip hand as required by the Whip Guidelines prior to the 200m.
Mr Mudhoo and Mr Harnett stated that it was obvious on the films that Mr Mudhoo was in breach of the Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mudhoo had admitted the charge it was deemed to be proved.
sumissionsforpenalty:
Mr Oatham stated that Mr Mudhoo had a clear penalty record in relation to this rule and that this was his first career breach. He also stated that Mr Mudhoo had admitted the breach at the first opportunity and that his status as a relatively inexperienced Apprentice rider be taken into consideration. Mr Oatham submitted that a fine of between $200 and $300 be considered as penalty.
Mr Mudhoo informed the Committee that he had, to date, had 124 race day rides.
He submitted that a fine was a preferred penalty.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Mudhoo’s good record, his admission of the breach and his status as a relatively inexperienced Apprentice rider as mitigating factors. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Mr Mudhoo a combined discount of $250 for the above mitigating factors. We therefore determined that an appropriate penalty in this case was a fine of $250.
penalty:
Mr Mudhoo was fined the sum of $250.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J Oatham-Senior Stipendiary Steward
JockeysandTrainer: K Mudhoo-Class B Licensed Apprentice Jockey
Otherperson: Mr W Harnett - NZTR Apprentice Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: b6faf5550aecbf0e9ee1c8d900085809
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9a93f70ecf251c9e5114aeb74ddb4f82
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/04/2016
meet_title: Canterbury Racing - 2 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing