Canterbury R 7 November 2020 – R 8 – Chair, Mr S Ching
ID: JCA13372
Code:
Thoroughbred
Meet Title:
Canterbury JC - 7 November 2020
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/11/07
Race Number:
R8
Decision:
Mr Parkes having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Parkes is suspended 26 November to 3 December 2020 inclusive.
Facts:
Following the running of Race 8, the Al Basti Equiworld Dubai 48th New Zealand 2000 Guineas, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr J Parkes, alleging that, as the rider of LORD ARDMORE in the race, he struck his mount 9 times prior to the 100m.
Mr Parkes was present at the hearing of the Information and had endorsed the Information that the breach was admitted. He confirmed admission of the breach and 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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (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. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, gave evidence and showed video replays of the final 500 metres of the race. He indicated Mr Parkes riding LORD ARDMORE, positioned outside the leader, as the field turned for home. Mr Oatham pointed out Mr Parkes, who drew the whip and used it on nine occasions prior to the 100m. He said that all strikes were well spaced with Mr Parkes only using the whip once more just inside the 100m, a total of 10 strikes in the home straight. Mr Oatham stated that Mr Parkes finished in 4th placing.
Mr Parkes said it was clear that he was over the limit and did not dispute the number of strikes contended.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Parkes had an excellent record in regard to this Rule and submitted that the breach was low level. Mr Oatham stated that the JCA Penalty Guide provided a 6 day starting point for a breach of this Rule as well as a fine at the discretion of the Committee, in a Group race where the strikes are 4 or more over the 5 strikes permitted, prior to the 100m. In this case, Mr Parkes horse has run 4th with a stake of $20,000 with Mr Parkes percentage being $1,000. Mr Oatham stated that it seemed harsh that Mr Parkes, with such a good record, was facing another suspension following his suspension of 10 days, in the same race for careless riding He submitted that the Stewards would be comfortable with a fine but that fine would have to be reasonably significant.
Mr Parkes stated that he had a good record in regard to the whip Rule apart from warnings and had never been charged for a breach of the whip Rule. He submitted that a fine would be preferred but it was not up to him to decide.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 days for an offence of this Rule in a Group race where the strikes are 9 or more and a fine at the discretion of the Committee. The Penalty Guide is quite clear and only in exceptional circumstances would this Committee consider mitigation or a penalty away from the Penalty Guide stating point of a 6-day suspension. We find there are no circumstances in this case, exceptional to a level, for us to consider deferring away from the Penalty Guide.
We also found that the breach was low level and find no aggravating factors to warrant an uplift in penalty. As the starting point of 6 days is mitigation inclusive no discount can be afforded to Mr Parkes therefore a 6-day suspension is imposed.
Mr Parkes use of the whip in totality, 10 strikes in the straight, we deemed, was also low level, and we have determined that although Mr Parkes was placed 4th with a stake of $20,000 payable, on this occasion, we will not impose a fine.
We therefore determined that a 6-day suspension is an appropriate penalty.
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: 697c393b2252e0131bf1298e91f61093
informantnumber: A12840
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/11/2020
hearing_title: Canterbury R 7 November 2020 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Al Basti Equiworld Dubai 48th New Zealand 2000 Guineas, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr J Parkes, alleging that, as the rider of LORD ARDMORE in the race, he struck his mount 9 times prior to the 100m.
Mr Parkes was present at the hearing of the Information and had endorsed the Information that the breach was admitted. He confirmed admission of the breach and 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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (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. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, gave evidence and showed video replays of the final 500 metres of the race. He indicated Mr Parkes riding LORD ARDMORE, positioned outside the leader, as the field turned for home. Mr Oatham pointed out Mr Parkes, who drew the whip and used it on nine occasions prior to the 100m. He said that all strikes were well spaced with Mr Parkes only using the whip once more just inside the 100m, a total of 10 strikes in the home straight. Mr Oatham stated that Mr Parkes finished in 4th placing.
Mr Parkes said it was clear that he was over the limit and did not dispute the number of strikes contended.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Parkes having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Parkes had an excellent record in regard to this Rule and submitted that the breach was low level. Mr Oatham stated that the JCA Penalty Guide provided a 6 day starting point for a breach of this Rule as well as a fine at the discretion of the Committee, in a Group race where the strikes are 4 or more over the 5 strikes permitted, prior to the 100m. In this case, Mr Parkes horse has run 4th with a stake of $20,000 with Mr Parkes percentage being $1,000. Mr Oatham stated that it seemed harsh that Mr Parkes, with such a good record, was facing another suspension following his suspension of 10 days, in the same race for careless riding He submitted that the Stewards would be comfortable with a fine but that fine would have to be reasonably significant.
Mr Parkes stated that he had a good record in regard to the whip Rule apart from warnings and had never been charged for a breach of the whip Rule. He submitted that a fine would be preferred but it was not up to him to decide.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 days for an offence of this Rule in a Group race where the strikes are 9 or more and a fine at the discretion of the Committee. The Penalty Guide is quite clear and only in exceptional circumstances would this Committee consider mitigation or a penalty away from the Penalty Guide stating point of a 6-day suspension. We find there are no circumstances in this case, exceptional to a level, for us to consider deferring away from the Penalty Guide.
We also found that the breach was low level and find no aggravating factors to warrant an uplift in penalty. As the starting point of 6 days is mitigation inclusive no discount can be afforded to Mr Parkes therefore a 6-day suspension is imposed.
Mr Parkes use of the whip in totality, 10 strikes in the straight, we deemed, was also low level, and we have determined that although Mr Parkes was placed 4th with a stake of $20,000 payable, on this occasion, we will not impose a fine.
We therefore determined that a 6-day suspension is an appropriate penalty.
penalty:
Accordingly, Mr Parkes is suspended 26 November to 3 December 2020 inclusive.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6d881cefca803ed97248b46f4ae3b86d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bb5c582cc2b29d976e5767d15b7eaa25
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2020
meet_title: Canterbury JC - 7 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury JC