Canterbury R 28 October 2017 – R 4 – Chair, Mr R McKenzie
ID: JCA15710
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 28 October 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Meet Committee Member 2:
HWeston
Race Date:
2017/10/28
Race Number:
R4
Decision:
Mr Hong having admitted the breach, the charge was found proved.
Penalty:
Mr Hong was fined the sum of $500.
Facts:
Following the running of Race 4, Canterbury Landscape Supplies Rating 75, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B B Hong, alleging that Mr Hong, as the rider of ENZO’S LAD in the race, “used his whip excessively prior to the 100 metres”.
Mr Hong was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach, having initially indicated on the information form that the breach was denied. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017. He was assisted at the hearing by Licensed Trainer (Class A), Mr M R Pitman.
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 Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the final 300 metres of the race. He pointed out ENZO’S LAD, ridden by Mr Hong, disputing the lead in a 3-wide position as the field entered the final straight. Shortly thereafter, Mr Hong commenced using his whip and, thereafter, used it on nine occasions, without any respite, prior to the 100 metres. That count was accepted by both Mr Hong and Mr Pitman.
Submissions for Penalty:
Mr Oatham informed the Committee that Mr Hong had been fined $400 for excessive use of the whip at the meeting of Ashburton JC on 21 August last. On that occasion, he had struck the horse 18 times. This being a second breach in terms of the Penalty Guide, the starting point for penalty was a fine of $500, Mr Oatham said. The breach was toward the low end of the scale, he said. On that basis, it was not necessary for the Committee to impose a fine higher than that starting point, he submitted.
Mr Pitman submitted that apprentice riders should be treated with some leniency as opposed to senior riders as their earnings are not at the same level.
The process for determining penalty was explained to Mr Hong by the Committee.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine for a second breach of the Rule, which this was. The breach was, we agreed with Mr Oatham, no worse than mid-range and, accordingly, no uplift to the starting point was called for.
The sole mitigating factor was Mr Hong’s frank admission of the breach. However, that factor was unexceptional and no discount was given for it.
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: c67a2c81c6f1704fbe22a8ee49206ef5
informantnumber: A09530
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/11/2017
hearing_title: Canterbury R 28 October 2017 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Canterbury Landscape Supplies Rating 75, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B B Hong, alleging that Mr Hong, as the rider of ENZO’S LAD in the race, “used his whip excessively prior to the 100 metres”.
Mr Hong was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach, having initially indicated on the information form that the breach was denied. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017. He was assisted at the hearing by Licensed Trainer (Class A), Mr M R Pitman.
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 Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the final 300 metres of the race. He pointed out ENZO’S LAD, ridden by Mr Hong, disputing the lead in a 3-wide position as the field entered the final straight. Shortly thereafter, Mr Hong commenced using his whip and, thereafter, used it on nine occasions, without any respite, prior to the 100 metres. That count was accepted by both Mr Hong and Mr Pitman.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hong having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham informed the Committee that Mr Hong had been fined $400 for excessive use of the whip at the meeting of Ashburton JC on 21 August last. On that occasion, he had struck the horse 18 times. This being a second breach in terms of the Penalty Guide, the starting point for penalty was a fine of $500, Mr Oatham said. The breach was toward the low end of the scale, he said. On that basis, it was not necessary for the Committee to impose a fine higher than that starting point, he submitted.
Mr Pitman submitted that apprentice riders should be treated with some leniency as opposed to senior riders as their earnings are not at the same level.
The process for determining penalty was explained to Mr Hong by the Committee.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $500 fine for a second breach of the Rule, which this was. The breach was, we agreed with Mr Oatham, no worse than mid-range and, accordingly, no uplift to the starting point was called for.
The sole mitigating factor was Mr Hong’s frank admission of the breach. However, that factor was unexceptional and no discount was given for it.
penalty:
Mr Hong was fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J P Oatham, Chief Stipendiary Steward
JockeysandTrainer: B B Hong, Licensed Apprentice Jockey
Otherperson: Mr M R Pitman, Licensed Trainer (Class A), J M McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a84a156d35c4adc741448b84a2f6301
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9c9c9e4095fa59ad1f9cc56ee5409157
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2017
meet_title: Canterbury Racing - 28 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: HWeston
name: Canterbury Racing