Canterbury R 8 December 2017 – R 3 – Chair, Mr S Ching
ID: JCA12433
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 8 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/12/08
Race Number:
R3
Decision:
Mr Laking having admitted the breach, the charge was found proved.
Penalty:
Mr Laking is fined the sum of $300.
Facts:
Following the running of Race 3, the King House Removals Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Jockey (Class A), Mr J Laking, alleging that Mr Laking, as the rider of LOS CABOS in the race, “used his whip excessively prior to the 100 metres”.
Mr Laking was present at the hearing of the information. Mr Laking had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed 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:
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 with the assistance of Stipendiary Steward, Mr M Davidson, showed video replays of the final 300-400 metres of the race. He pointed out Mr Laking riding LOS CABOS in a challenging position approximately 3 off the rail. Mr Davidson showed that inside the 400m, Mr Laking drew the whip and struck LOS CABOS 9 times with brief pauses before returning to the whip rein and pushing for 3 strides. Mr Davidson said the issue was the pauses were not for 5 strides as required under the Whip Guidelines.
Mr Laking did not dispute the number of strikes. He said that he had just returned to riding after a long absence and Mr McLaughlin had spoken to him about his whip action at a meeting the previous week. He said he got excited being in contention and forgot all about counting strikes and pauses.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Laking had a clear record under the Rule. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The breach, he said, was at a low level and submitted that a fine $300 be considered as penalty.
Mr Laking elected to make no submissions on penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 was 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: 5b85183f3fd4b33a762ee4fc282f7a54
informantnumber: A09542
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: Canterbury R 8 December 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the King House Removals Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Jockey (Class A), Mr J Laking, alleging that Mr Laking, as the rider of LOS CABOS in the race, “used his whip excessively prior to the 100 metres”.
Mr Laking was present at the hearing of the information. Mr Laking had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed 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:
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 with the assistance of Stipendiary Steward, Mr M Davidson, showed video replays of the final 300-400 metres of the race. He pointed out Mr Laking riding LOS CABOS in a challenging position approximately 3 off the rail. Mr Davidson showed that inside the 400m, Mr Laking drew the whip and struck LOS CABOS 9 times with brief pauses before returning to the whip rein and pushing for 3 strides. Mr Davidson said the issue was the pauses were not for 5 strides as required under the Whip Guidelines.
Mr Laking did not dispute the number of strikes. He said that he had just returned to riding after a long absence and Mr McLaughlin had spoken to him about his whip action at a meeting the previous week. He said he got excited being in contention and forgot all about counting strikes and pauses.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Laking having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Laking had a clear record under the Rule. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The breach, he said, was at a low level and submitted that a fine $300 be considered as penalty.
Mr Laking elected to make no submissions on penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. We therefore determined that a fine of $300 was an appropriate penalty.
penalty:
Mr Laking is fined the sum of $300.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: J Laking, Licensed Jockey (Class A)
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2589732679dbe828622047f7ced42f74
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 363d22b98c906e4b3db69b359677d7ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/12/2017
meet_title: Canterbury Racing - 8 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing