Canterbury R 23 September 2017 – R 10 – Chair, Mr S Ching
ID: JCA11066
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 23 September 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
HWeston
Race Date:
2017/09/23
Race Number:
R10
Decision:
Mr Chan having admitted the breach, the charge was found proved.
Penalty:
Mr Chan is fined the sum of $500.
Facts:
Following the running of Race 10, Christchurch Casino New Zealand Cup Trial Handicap, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr A Chan, alleging that Mr Chan, as the rider of ZARTAN in the race, “used his whip in an excessive manner prior to the 100 metres”.
Mr Chan was present at the hearing of the information, assisted by Apprentice Jockey Mentor, Mr D Walsh. Mr Chan 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 McLaughlin with the assistance of Stipendiary Steward, Mr M Davidson, show video replays of the final 400 metres of the race. He pointed out Mr Chan riding ZARTAN, 4 wide and in a prominent position, as the field turned for home. Mr Davidson showed that near the 400m, Mr Chan drew the whip and struck ZARTAN 2 times before returning to the whip rein and pushing for 2 strides. Mr Chan, he explained, drew the whip again and used it on a further 9 occasions prior to the 100m for a total of 11 strikes with only 2 pushes, which he said was well outside the guidelines. He submitted that the breach was low to mid-level.
Mr Walsh stated that there was not a lot to say, this being Mr Chan’s 2nd breach for the day. He stated that this breach was at a lower level than the first on the day as there were less strikes and Mr Chan’s whip action was improved by being lower.
Submissions for Penalty:
Mr McLaughlin told the Committee that this was Mr Chan’s second breach within a 12-month period, the previous breach being earlier in the day, where he was fined $350 for a first offence. He said the breach was in his opinion, in the low to mid-range. Mr McLaughlin stated that the JCA Penalty Guide provided a starting point for a second breach of this rule within a 12-month period of a $500 fine. He submitted that a fine of $500 be considered as penalty.
Mr Walsh said that it had been an expensive trip for Mr Chan and that with costs involved in getting to the meeting and already having received a $350 fine for his first offence, submitted that a minimum fine be imposed.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a 2nd breach of this Rule within a 12-month period. There were no aggravating factors to consider, therefore no uplift in penalty was deemed necessary. We therefore determined that a fine of $500 was an appropriate penalty. Furthermore, Mr Chan was warned that the consequences of a further breach within a 12 month period could result in a term of suspension.
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: 144b6e4f0965411da0fe150b2ed595e1
informantnumber: A09518
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/09/2017
hearing_title: Canterbury R 23 September 2017 - R 10 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 10, Christchurch Casino New Zealand Cup Trial Handicap, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr A Chan, alleging that Mr Chan, as the rider of ZARTAN in the race, “used his whip in an excessive manner prior to the 100 metres”.
Mr Chan was present at the hearing of the information, assisted by Apprentice Jockey Mentor, Mr D Walsh. Mr Chan 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 McLaughlin with the assistance of Stipendiary Steward, Mr M Davidson, show video replays of the final 400 metres of the race. He pointed out Mr Chan riding ZARTAN, 4 wide and in a prominent position, as the field turned for home. Mr Davidson showed that near the 400m, Mr Chan drew the whip and struck ZARTAN 2 times before returning to the whip rein and pushing for 2 strides. Mr Chan, he explained, drew the whip again and used it on a further 9 occasions prior to the 100m for a total of 11 strikes with only 2 pushes, which he said was well outside the guidelines. He submitted that the breach was low to mid-level.
Mr Walsh stated that there was not a lot to say, this being Mr Chan’s 2nd breach for the day. He stated that this breach was at a lower level than the first on the day as there were less strikes and Mr Chan’s whip action was improved by being lower.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chan having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that this was Mr Chan’s second breach within a 12-month period, the previous breach being earlier in the day, where he was fined $350 for a first offence. He said the breach was in his opinion, in the low to mid-range. Mr McLaughlin stated that the JCA Penalty Guide provided a starting point for a second breach of this rule within a 12-month period of a $500 fine. He submitted that a fine of $500 be considered as penalty.
Mr Walsh said that it had been an expensive trip for Mr Chan and that with costs involved in getting to the meeting and already having received a $350 fine for his first offence, submitted that a minimum fine be imposed.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a 2nd breach of this Rule within a 12-month period. There were no aggravating factors to consider, therefore no uplift in penalty was deemed necessary. We therefore determined that a fine of $500 was an appropriate penalty. Furthermore, Mr Chan was warned that the consequences of a further breach within a 12 month period could result in a term of suspension.
penalty:
Mr Chan is fined the sum of $500.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: A Chan, Licensed Apprentice Jockey (Class B)
Otherperson: D Walsh - Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f591d0d7f4c3ba23707c7a8de2d3155f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 19b0f19bd5229e3635d6bf6e6bdf1b34
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2017
meet_title: Canterbury Racing - 23 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: HWeston
name: Canterbury Racing