Canterbury R 23 September 2017 – R 2 – Chair, Mr S Ching
ID: JCA18135
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:
R2
Decision:
Mr Chan having admitted the breach, the charge was found proved.
Penalty:
Mr Chan is fined the sum of $350.
Facts:
Following the running of Race 2, Cup Week Tickets On Sale Now Maiden, 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 HOLYFIELD 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, showed video replays of the final 300-400 metres of the race. He pointed out Mr Chan riding HOLYFIELD as the lead horse as the field turned for home. Mr Davidson showed that near the 300m, Mr Chan drew the whip and struck HOLYFIELD 5 times before returning to the whip rein and pushing for 1 stride. Mr Chan, he explained, drew the whip again and used it on a further 10 occasions prior to the 100m for a total of 15 strikes with only 1 push. He submitted that the breach was high end due to the number of strikes with only 1 push to break it up.
Mr Walsh submitted that this was Mr Chan’s first charge under this rule. He said that Mr Chan had been riding regularly in the North Island this year without charge and that there seems to be something with Riccarton where the riders are breaching this rule. He stated that the large circumference of the track and the long straight as well a heavy track seems to trip them up.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Chan had a clear record under the Rule over the previous 12 months. The breach was towards the high end of the scale and he submitted that a fine of no less than $300 be considered as penalty.
Mr Walsh submitted that a fine of $300 was a fair penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. The only aggravating factor was the level of the breach being towards the high-end due to the number of strikes being 15 with only 1 push. This factor warranted an uplift in penalty, which we set at $50. We therefore determined that a fine of $350 was an appropriate penalty.
JCA Decision Fields (raw)
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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: f1a291dca85a12cf402ce83e6a18f238
informantnumber: A09517
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 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, Cup Week Tickets On Sale Now Maiden, 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 HOLYFIELD 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, showed video replays of the final 300-400 metres of the race. He pointed out Mr Chan riding HOLYFIELD as the lead horse as the field turned for home. Mr Davidson showed that near the 300m, Mr Chan drew the whip and struck HOLYFIELD 5 times before returning to the whip rein and pushing for 1 stride. Mr Chan, he explained, drew the whip again and used it on a further 10 occasions prior to the 100m for a total of 15 strikes with only 1 push. He submitted that the breach was high end due to the number of strikes with only 1 push to break it up.
Mr Walsh submitted that this was Mr Chan’s first charge under this rule. He said that Mr Chan had been riding regularly in the North Island this year without charge and that there seems to be something with Riccarton where the riders are breaching this rule. He stated that the large circumference of the track and the long straight as well a heavy track seems to trip them up.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chan having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Chan had a clear record under the Rule over the previous 12 months. The breach was towards the high end of the scale and he submitted that a fine of no less than $300 be considered as penalty.
Mr Walsh submitted that a fine of $300 was a fair penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. The only aggravating factor was the level of the breach being towards the high-end due to the number of strikes being 15 with only 1 push. This factor warranted an uplift in penalty, which we set at $50. We therefore determined that a fine of $350 was an appropriate penalty.
penalty:
Mr Chan is fined the sum of $350.
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: d5b015ab3bdc40521d26d3e015de45df
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: 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