Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Canterbury R 21 March 2020 – R 8 – Chair, Mr S Ching

ID: JCA16351

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms K Williams - Licensed Jockey (Class A)

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A12817

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 21 March 2020

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2020/03/21

Race Number:
R 8

Decision:

Ms Williams having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Ms Williams is fined the sum of $450.

Facts:

Following the running of Race 8, Valachi Downs South Island Thoroughbred Breeders Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms K Williams, alleging that, as the rider of TICKET TO RIDE in the race, she struck her mount excessively prior to the 100m.

Ms Williams was present at the hearing of the information and 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:

Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Williams riding TICKET TO RIDE, positioned on the rail and in contention as the field entered the home straight. He said that Ms Williams drew the whip and used it on 8 occasions, with 2 of those strikes being consecutive, prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge.

Ms Williams stated that she had made an error of judgement.

Submissions for Penalty:

Mr Oatham told the Committee that Ms Williams had a clear record in relation to this rule since the reset in October 2019, and this was her first offence. He said that the sheer number of strikes was a concern, being only one under the threshold of 9 in a Group race where a suspension is the starting point. Mr Oatham stated that the JCA Penalty Guide provided a $300 for a first offence with this rule, however as the status of the race was Group 3 with a stake of $80,000, he submitted that an uplift in penalty to a fine in the vicinity of $500, be considered in this case.

Ms Williams elected to make no submissions in regard to 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 offence of this rule. We agreed with Mr Oatham, that there was an aggravating factor, that being the status of the race, which we determined warranted an uplift in penalty. This uplift we set at $150.

We therefore determined that a fine of $450 was appropriate.

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: a834ad736bcbace081d3f712ccf99efe


informantnumber: A12817


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 30/03/2020


hearing_title: Canterbury R 21 March 2020 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, Valachi Downs South Island Thoroughbred Breeders Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms K Williams, alleging that, as the rider of TICKET TO RIDE in the race, she struck her mount excessively prior to the 100m.

Ms Williams was present at the hearing of the information and 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:

Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Williams riding TICKET TO RIDE, positioned on the rail and in contention as the field entered the home straight. He said that Ms Williams drew the whip and used it on 8 occasions, with 2 of those strikes being consecutive, prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge.

Ms Williams stated that she had made an error of judgement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Williams having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that Ms Williams had a clear record in relation to this rule since the reset in October 2019, and this was her first offence. He said that the sheer number of strikes was a concern, being only one under the threshold of 9 in a Group race where a suspension is the starting point. Mr Oatham stated that the JCA Penalty Guide provided a $300 for a first offence with this rule, however as the status of the race was Group 3 with a stake of $80,000, he submitted that an uplift in penalty to a fine in the vicinity of $500, be considered in this case.

Ms Williams elected to make no submissions in regard to 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 offence of this rule. We agreed with Mr Oatham, that there was an aggravating factor, that being the status of the race, which we determined warranted an uplift in penalty. This uplift we set at $150.

We therefore determined that a fine of $450 was appropriate.


penalty:

Accordingly, Ms Williams is fined the sum of $450.


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms K Williams - Licensed Jockey (Class A)


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7f7f90df9dad6c9cc25e5c140b31fbbf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f4fb30429081ae677fb3011eafbf2ec1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/03/2020


meet_title: Canterbury JC - 21 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Canterbury JC