Canterbury R 8 March 2018 – R 7 – Chair, Mr S Ching
ID: JCA14454
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 8 March 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/03/08
Race Number:
R 7
Decision:
Mr Lowry having admitted the breach; the charge was found proved.
Penalty:
Mr Lowry is suspended from the conclusion of racing 11 March up to and including 23 March 2018.
Facts:
Following the running of Race 7, the NZB South Island Sale April 20 Rating 65 an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr J R Lowry, alleging that Mr Lowry, as the rider of PICKUP in the race, “used his whip in an excessive manner prior to the 100 metres”.
Mr Lowry was present at the hearing of the information and as a senior Apprentice Rider confirmed to the Committee that he did not require assistance at the hearing. Mr Lowry indicated that he understood the charge and that he admitted the breach. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.
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 Chief Stipendiary Steward, Mr J Oatham, show video replays of the final 300-400 metres of the race. He pointed out Mr Lowry, riding PICKUP, in a challenging position approximately 4 horses off the rail. Mr Oatham said that approaching the 200m, Mr Lowry drew the whip and used it on 8 occasions prior to 100m, with a brief pause but without the necessary respite as required under the Guidelines. He also stated that the whip was used with some force.
Mr Lowry said that up to that point he had been pretty good with his use of the whip and there was a pause of 3-4 strides but conceded that it was a clear error of judgement. He also said that it was not the worst case but definitely outside the Guidelines.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Lowry had a record which showed 3 previous breaches over the past 12 months being $250 at Riccarton on 5 August, $500 at Ashburton on $500 followed by a 6 National Day suspension at Timaru on 28 December. This breach, he said, was at a low to mid-level and submitted that a suspension of no less than 6 National Days be considered as penalty.
Mr Lowry requested that any suspension begin as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule within a 12-month period. The Committee adopted a 6-day starting point due to the level of the breach which we determined was low to mid. The only aggravating factor, in the Committee’s view, was Mr Lowry’s record which we determined warranted an uplift in penalty which we set at 2 days. We therefore determined that an 8 National Day suspension is an appropriate penalty in this case.
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: 8581ba75dfd029fc141237a01591a51b
informantnumber: A1921
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2018
hearing_title: Canterbury R 8 March 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the NZB South Island Sale April 20 Rating 65 an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Mr J R Lowry, alleging that Mr Lowry, as the rider of PICKUP in the race, “used his whip in an excessive manner prior to the 100 metres”.
Mr Lowry was present at the hearing of the information and as a senior Apprentice Rider confirmed to the Committee that he did not require assistance at the hearing. Mr Lowry indicated that he understood the charge and that he admitted the breach. He also confirmed that he was aware of the Guidelines regarding acceptable use of the whip effective from 1 August 2017.
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 Chief Stipendiary Steward, Mr J Oatham, show video replays of the final 300-400 metres of the race. He pointed out Mr Lowry, riding PICKUP, in a challenging position approximately 4 horses off the rail. Mr Oatham said that approaching the 200m, Mr Lowry drew the whip and used it on 8 occasions prior to 100m, with a brief pause but without the necessary respite as required under the Guidelines. He also stated that the whip was used with some force.
Mr Lowry said that up to that point he had been pretty good with his use of the whip and there was a pause of 3-4 strides but conceded that it was a clear error of judgement. He also said that it was not the worst case but definitely outside the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Lowry having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Lowry had a record which showed 3 previous breaches over the past 12 months being $250 at Riccarton on 5 August, $500 at Ashburton on $500 followed by a 6 National Day suspension at Timaru on 28 December. This breach, he said, was at a low to mid-level and submitted that a suspension of no less than 6 National Days be considered as penalty.
Mr Lowry requested that any suspension begin as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule within a 12-month period. The Committee adopted a 6-day starting point due to the level of the breach which we determined was low to mid. The only aggravating factor, in the Committee’s view, was Mr Lowry’s record which we determined warranted an uplift in penalty which we set at 2 days. We therefore determined that an 8 National Day suspension is an appropriate penalty in this case.
penalty:
Mr Lowry is suspended from the conclusion of racing 11 March up to and including 23 March 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J M McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr J R Lowry - Licensed Apprentice Jockey (Class B)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5731fd83002c9034bc216602fb070c3c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 233ab917ca943777b5b755a41ad64c42
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/03/2018
meet_title: Canterbury Racing - 8 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Canterbury Racing