Canterbury R 7 December 2018 – R 4 – Chair, Mr R McKenzie
ID: JCA14544
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 7 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/12/07
Race Number:
R4
Decision:
Mr Kareem having admitted the breach, the charge was found proved.
Penalty:
Mr Kareem is fined the sum of $300.
Facts:
Following the running of Race 4, Skelton Brothers Open Handicap, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr M Kareem, alleging that Mr Kareem as the rider of MONTOYA STAR in the race, “used his whip excessively on his mount prior to the 100 metres”.
Mr Kareem was present at the hearing of the information, assisted by his employer, Licensed Open Trainer (Class A), Mr M R Pitman. Mr Kareem indicated that he understood the charge and that he admitted the breach.
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 had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 500 metres of the race. Mr Davidson pointed out MONTOYA STAR, ridden by Mr Kareem, towards the rear of the ten-horse field as the field approached the home straight. Shortly thereafter, Mr Kareem drew his whip and used it on eleven occasions prior to the 100 metres. At no time did Mr Kareem cease using his whip for the required five strides and he was, therefore, outside the guidelines, Mr Davidson submitted. Mr Kareem was not hitting the horse on every stride and was making an attempt to break up his whip use but not for the required number of strides, Mr Davidson said.
Mr Pitman said that he had viewed the videos with Mr Kareem prior to the hearing and they had discussed the matter. Mr Kareem had not been aware of the requirements of the guidelines prior to this race, he said. Mr Kareem had been employed by trainer, Mr Tony Pike, in the North Island prior to coming South, and had attended Apprentice School there with Apprentice Mentor, Mr Noel Harris. Mr Kareem had only had four previous rides and thought he was riding within the guidelines. Mr Pitman submitted that, although this was a breach of the Rule and guidelines, it did not appear to be “hugely excessive”.
Mr Kareem said that Mr Pitman had put the situation fairly. He confirmed that he had been unaware of the guidelines but, from now on and based on this experience, he would not breach the Rule again.
Submissions for Penalty:
Mr McLaughlin confirmed that this was Mr Kareem’s first breach of the Rule and, in terms of the Penalty Guide, the appropriate penalty was a fine of $300. Stewards were seeking a fine of that amount, he said. Mr Kareem had been very frank and honest, he said, and it was a shame that he had not given the horse any respite, although he had not hit it on every stride. The breach was low-end, Mr McLaughlin said.
The Committee explained to Mr Kareem and Mr Pitman that a fine of $300 was a set fine for a first breach, regardless of the circumstances.
Reasons for Penalty:
Mr Kareem has clearly been in breach of the guidelines on this occasion, having struck the horse with his whip an alleged eleven times between the 600 metres and the 100 metres, which the video replay clearly confirmed. Although the strikes were broken up to some extent, it was clear that, at no stage, had Mr Kareem’s use of the whip ceased for the required minimum of five strides. However, we agree with Mr McLaughlin that this particular breach was at the lower end of the scale.
The Committee was impressed with Mr Kareem’s frankness and his genuine remorse and we have some sympathy for him that, during all of his tutoring as an apprentice jockey, it seems that, it was at no stage explained to him his obligations regarding use of the whip.
These are mitigating factors, along with the low-end nature of the breach, and there are no real aggravating factors in this case. However, we are unable to depart from the fine of $300 as prescribed in the Penalty Guide. We appreciate that a fine of that amount is a heavy penalty for an apprentice.
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: 90ced10e4e09f75cc329c881d0800c21
informantnumber: A5743
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/12/2018
hearing_title: Canterbury R 7 December 2018 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Skelton Brothers Open Handicap, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr M Kareem, alleging that Mr Kareem as the rider of MONTOYA STAR in the race, “used his whip excessively on his mount prior to the 100 metres”.
Mr Kareem was present at the hearing of the information, assisted by his employer, Licensed Open Trainer (Class A), Mr M R Pitman. Mr Kareem indicated that he understood the charge and that he admitted the breach.
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 had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 500 metres of the race. Mr Davidson pointed out MONTOYA STAR, ridden by Mr Kareem, towards the rear of the ten-horse field as the field approached the home straight. Shortly thereafter, Mr Kareem drew his whip and used it on eleven occasions prior to the 100 metres. At no time did Mr Kareem cease using his whip for the required five strides and he was, therefore, outside the guidelines, Mr Davidson submitted. Mr Kareem was not hitting the horse on every stride and was making an attempt to break up his whip use but not for the required number of strides, Mr Davidson said.
Mr Pitman said that he had viewed the videos with Mr Kareem prior to the hearing and they had discussed the matter. Mr Kareem had not been aware of the requirements of the guidelines prior to this race, he said. Mr Kareem had been employed by trainer, Mr Tony Pike, in the North Island prior to coming South, and had attended Apprentice School there with Apprentice Mentor, Mr Noel Harris. Mr Kareem had only had four previous rides and thought he was riding within the guidelines. Mr Pitman submitted that, although this was a breach of the Rule and guidelines, it did not appear to be “hugely excessive”.
Mr Kareem said that Mr Pitman had put the situation fairly. He confirmed that he had been unaware of the guidelines but, from now on and based on this experience, he would not breach the Rule again.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kareem having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin confirmed that this was Mr Kareem’s first breach of the Rule and, in terms of the Penalty Guide, the appropriate penalty was a fine of $300. Stewards were seeking a fine of that amount, he said. Mr Kareem had been very frank and honest, he said, and it was a shame that he had not given the horse any respite, although he had not hit it on every stride. The breach was low-end, Mr McLaughlin said.
The Committee explained to Mr Kareem and Mr Pitman that a fine of $300 was a set fine for a first breach, regardless of the circumstances.
reasonsforpenalty:
Mr Kareem has clearly been in breach of the guidelines on this occasion, having struck the horse with his whip an alleged eleven times between the 600 metres and the 100 metres, which the video replay clearly confirmed. Although the strikes were broken up to some extent, it was clear that, at no stage, had Mr Kareem’s use of the whip ceased for the required minimum of five strides. However, we agree with Mr McLaughlin that this particular breach was at the lower end of the scale.
The Committee was impressed with Mr Kareem’s frankness and his genuine remorse and we have some sympathy for him that, during all of his tutoring as an apprentice jockey, it seems that, it was at no stage explained to him his obligations regarding use of the whip.
These are mitigating factors, along with the low-end nature of the breach, and there are no real aggravating factors in this case. However, we are unable to depart from the fine of $300 as prescribed in the Penalty Guide. We appreciate that a fine of that amount is a heavy penalty for an apprentice.
penalty:
Mr Kareem is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer: M Kareem, Licensed Apprentice Jockey (Class B)
Otherperson: M R Pitman, Licensed Trainer (Class A), Mr M R Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 12ac61f2b63db457db492d7d4fa3e699
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race_title: R4
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meetdate: 07/12/2018
meet_title: Canterbury Racing - 7 December 2018
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