Canterbury R 26 June 2021 – R 2 – Chair, Mr R McKenzie
ID: JCA17134
Code:
Thoroughbred
Meet Title:
Canterbury JC - 26 June 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2021-06-26 00:00:00.0000000
Race Number:
R2
Decision:
Mr Toolooa has admitted the breach and, accordingly, the charge is found proved.
Penalty:
Mr Toolooa is fined the sum of $300.
Facts:
Following the running of Race 2, Mechanix Bishopdale Rating 74, an Information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging a breach of Rule 638 (3) (b) (ii) for “whip use prior to the 100 metres”.
Mr Toolooa was present at the hearing of the Information and he indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.
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 NZTR Directive regarding Acceptable Use of the Whip provides 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:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(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.
Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out GERRY JOYCE, ridden by Mr Toolooa, 3-wide and disputing the lead as the field rounded the home turn. Shortly thereafter, Mr Toolooa commenced using his whip and, Mr Oatham submitted, used it on eight occasions, prior to reaching the 100 metres mark on the running rail. The strikes were well-spaced, Mr Oatham said.
Mr Walsh said that the number of strikes was outside the Guidelines but there was no force in the strikes and they were broken up. He has spoken to Mr Toolooa about keeping his hand on the horse’s neck, he said.
Submissions for Penalty:
Mr Oatham told the hearing that this was a low-end breach of the Rule. Mr Toolooa’s record is a good one. He referred to the NZTR Revised Penalty Guidelines starting point of a $300 fine for a first offence and submitted that a fine of that amount would be appropriate.
Reasons for Penalty:
The Committee noted the starting point referred to by Mr Oatham. We agree that the breach is low-level. There are no aggravating factors and neither are there any relevant mitigating factors. A fine of $300 as per the Penalty Guidelines is appropriate.
Decision Date: 30/06/2021
Publish Date: 30/06/2021
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: d120c3b7c36ddd674317542a3f436dbc
informantnumber: A14074
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/06/2021
hearing_title: Canterbury R 26 June 2021 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Mechanix Bishopdale Rating 74, an Information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging a breach of Rule 638 (3) (b) (ii) for “whip use prior to the 100 metres”.
Mr Toolooa was present at the hearing of the Information and he indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.
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 NZTR Directive regarding Acceptable Use of the Whip provides 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:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(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.
Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out GERRY JOYCE, ridden by Mr Toolooa, 3-wide and disputing the lead as the field rounded the home turn. Shortly thereafter, Mr Toolooa commenced using his whip and, Mr Oatham submitted, used it on eight occasions, prior to reaching the 100 metres mark on the running rail. The strikes were well-spaced, Mr Oatham said.
Mr Walsh said that the number of strikes was outside the Guidelines but there was no force in the strikes and they were broken up. He has spoken to Mr Toolooa about keeping his hand on the horse’s neck, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Toolooa has admitted the breach and, accordingly, the charge is found proved.
sumissionsforpenalty:
Mr Oatham told the hearing that this was a low-end breach of the Rule. Mr Toolooa’s record is a good one. He referred to the NZTR Revised Penalty Guidelines starting point of a $300 fine for a first offence and submitted that a fine of that amount would be appropriate.
reasonsforpenalty:
The Committee noted the starting point referred to by Mr Oatham. We agree that the breach is low-level. There are no aggravating factors and neither are there any relevant mitigating factors. A fine of $300 as per the Penalty Guidelines is appropriate.
penalty:
Mr Toolooa is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Chief Stipendiary Steward, J P Oatham
JockeysandTrainer: Licensed Apprentice Jockey, S Toolooa
Otherperson: Apprentice Jockey Mentor, D M Walsh
PersonPresent:
Respondent:
StipendSteward:
raceid: 1e2a1de3f22c9d0614e2deba5a56f29e
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: cd7c641dd865936874293ef22946f972
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/06/2021
meet_title: Canterbury JC - 26 June 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury JC