Canterbury R 30 January 2016 – R 9 – Chair, Mr R McKenzie
ID: JCA15772
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 30 January 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/01/30
Race Number:
R9
Decision:
Mr Murray having admitted the charge, the charge was found proved.
Penalty:
Mr Murray’s Apprentice Jockey’s licence was suspended from after the close of racing on Saturday, 6th February 2016, up to and including Saturday, 13th February – 2 riding days. The meetings intended to be encompassed by the term of suspension are Southland RC on 11 February and Canterbury racing on 13 February 2016.
Facts:
Following the running of Race 9, Lindauer Rating 65, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B M Murray, alleging that Mr Murray, as the rider of THE REAL DEAL in the race, he “used his whip excessively on his mount THE REAL DEAL prior to the 200 metres”.
Mr Murray was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.
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.
Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out THE REAL DEAL, ridden by Mr Murray, in the lead as the field entered the home straight. The horse moved out towards the middle of the track. Mr Davidson pointed out Mr Murray draw his whip and then, prior to the 200 metres, use his whip on some 11 occasions. Mr Murray then put his hand back on the whip rein and pushed his mount as required.
Mr Murray acknowledged that it was clear from the video that he had breached the Rule and guidelines. The horse needed to be hard ridden, he said. He wished to give its owners every opportunity as the horse was inclined to cheat, he said.
Mr Harnett said the breach of the Rule was obvious but the horse was definitely in contention and was “fighting it out”, responding to Mr Murray’s riding and finishing up running a good 3rd. Mr Murray had ridden the horse before and was aware that it “took a bit of riding”. However, Mr Murray had clearly breached the Rule, Mr Harnett said.
Submissions for Penalty:
Mr Oatham said that it was disappointing that Mr Murray had breached the Rule again after being fined earlier in the day. The severity of this breach was in the mid range - 11 strikes is not the highest but Mr Murray does have a very exaggerated whip style so the horse had been ridden with some vigour. On this occasion, the horse had been in contention and it could be alleged that Mr Murray had gained an unfair advantage, Mr Oatham said. A horse needs to be ridden within the Rules, he said.
Mr Oatham pointed out that the Penalty Guide provides for a 3-5 riding day suspension for a 2nd breach of the Rule. He was seeking a suspension on this occasion, he said. Mr Murray being a South Island rider, a 2 days’ suspension was appropriate.
Mr Harnett informed the Committee that Mr Murray was seeking a 7 days’ deferment of any suspension as he had riding engagements at the premier meeting at Dunedin on 6th February. He suggested that Mr Murray had had a number of rides today and had felt like not much had gone right for him and had perhaps been feeling frustration. Mr Harnett acknowledged that Mr Murray needed to address his riding style.
Reasons for Penalty:
The Committee noted that the starting point for penalty under the Penalty Guide for a 2nd breach of the Rule is a 3-5 days’ suspension. Factors that the Committee took into account in deciding the term of suspension were Mr Murray’s admission of the breach and his status as a South Island rider. Those factors warranted a discount of 1 day from the 3 days’ starting point.
The Committee was prepared to grant Mr Murray’s application for a deferment.
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: ce16828979b61bf77044a348813cda10
informantnumber: A6368
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/02/2016
hearing_title: Canterbury R 30 January 2016 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Lindauer Rating 65, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr B M Murray, alleging that Mr Murray, as the rider of THE REAL DEAL in the race, he “used his whip excessively on his mount THE REAL DEAL prior to the 200 metres”.
Mr Murray was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.
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.
Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out THE REAL DEAL, ridden by Mr Murray, in the lead as the field entered the home straight. The horse moved out towards the middle of the track. Mr Davidson pointed out Mr Murray draw his whip and then, prior to the 200 metres, use his whip on some 11 occasions. Mr Murray then put his hand back on the whip rein and pushed his mount as required.
Mr Murray acknowledged that it was clear from the video that he had breached the Rule and guidelines. The horse needed to be hard ridden, he said. He wished to give its owners every opportunity as the horse was inclined to cheat, he said.
Mr Harnett said the breach of the Rule was obvious but the horse was definitely in contention and was “fighting it out”, responding to Mr Murray’s riding and finishing up running a good 3rd. Mr Murray had ridden the horse before and was aware that it “took a bit of riding”. However, Mr Murray had clearly breached the Rule, Mr Harnett said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Murray having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Oatham said that it was disappointing that Mr Murray had breached the Rule again after being fined earlier in the day. The severity of this breach was in the mid range - 11 strikes is not the highest but Mr Murray does have a very exaggerated whip style so the horse had been ridden with some vigour. On this occasion, the horse had been in contention and it could be alleged that Mr Murray had gained an unfair advantage, Mr Oatham said. A horse needs to be ridden within the Rules, he said.
Mr Oatham pointed out that the Penalty Guide provides for a 3-5 riding day suspension for a 2nd breach of the Rule. He was seeking a suspension on this occasion, he said. Mr Murray being a South Island rider, a 2 days’ suspension was appropriate.
Mr Harnett informed the Committee that Mr Murray was seeking a 7 days’ deferment of any suspension as he had riding engagements at the premier meeting at Dunedin on 6th February. He suggested that Mr Murray had had a number of rides today and had felt like not much had gone right for him and had perhaps been feeling frustration. Mr Harnett acknowledged that Mr Murray needed to address his riding style.
reasonsforpenalty:
The Committee noted that the starting point for penalty under the Penalty Guide for a 2nd breach of the Rule is a 3-5 days’ suspension. Factors that the Committee took into account in deciding the term of suspension were Mr Murray’s admission of the breach and his status as a South Island rider. Those factors warranted a discount of 1 day from the 3 days’ starting point.
The Committee was prepared to grant Mr Murray’s application for a deferment.
penalty:
Mr Murray’s Apprentice Jockey’s licence was suspended from after the close of racing on Saturday, 6th February 2016, up to and including Saturday, 13th February – 2 riding days. The meetings intended to be encompassed by the term of suspension are Southland RC on 11 February and Canterbury racing on 13 February 2016.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J P Oatham, Stipendiary Steward
JockeysandTrainer: B M Murray, Licensed Apprentice Jockey (Class B)
Otherperson: W Harnett, Apprentice Jockey Mentor, Mr M R Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: eadfeba8cea3f0c28557a87d24044a23
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b278cc4121cb0b4e9d2faff021a452fa
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2016
meet_title: Canterbury Racing - 30 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing