Archive Decision

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Counties RC 18 September 2016 – R 5 – Chair, Mr A Dooley

ID: JCA12772

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mrs L Satherley - Licensed Rider

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A7877

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 18 September 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/09/18

Race Number:
R5

Decision:

As Mrs Satherley admitted the breach the Committee find the charge proved.

Penalty:

We grant Mrs Satherley’s request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 25 September and conclude after racing on 29 September 2016 (2 days).

That period of suspension encompasses meetings at Whangarei and Waverley.

Facts:

Following the running of race 5, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Satherley used the whip in an excessive manner prior to the 200 metres when riding KAREN IRIS.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 636(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The Guidelines for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Jones demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 17 times from the 400 metres until the 200 metres. He said that Mrs Satherley did ride hands and heels for 4 or 5 strides on 2 occasions.

Mrs Satherley acknowledged that she struck her mount 17 times prior to the 200 metres. She explained that she stopped riding her mount with the drawn whip for 5 strides on 2 occasions but was disappointed it was not for the required 6 strides.

Submissions for Penalty:

Mr Coles produced Mrs Satherley’s record which showed 1 previous breach under this Rule in the last 12 months. This occurred on the 31 August 2016 and a $300 fine was imposed. He said Mrs Satherley should be given credit for admission of the breach and submitted a 2 to 3 day suspension would be an appropriate penalty.

Mrs Satherley advised that she had upcoming engagements at Te Aroha on 25 September, and sought a deferment to any proposed suspension.

In response to a question from the Committee, Mr Williamson was able to provide the Committee with evidence which showed that Mrs Satherley had a recent history of riding in the Central Districts on Industry days.

Mrs Satherley was able to confirm the midweek dates provided by the Stewards to be correct.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee advised Mrs Satherley with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This was adopted as per the Penalty Guide for Judicial Committees.

The mitigating factors were Mrs Satherley’s admission of the breach and the fact that she did ride hands and heels for 5 strides on 2 occasions.

The aggravating facts were the number of strikes (17) was in the high range and this was Mrs Satherley’s second breach in a short period of time.

The Committee did consider imposing a 3 day suspension but exercised discretion on this occasion because the frequency of strikes were not continuous and there were some evident pauses for 5 strides. Furthermore historically Mrs Satherley has had a very good record under this Rule.

After taking into account all the above factors the Committee considered that 2 days would be an appropriate suspension. Mrs Satherley was well aware of the consequences if she was to breach this Rule again in the near future.

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: 56cd33d8c12483a29c351a677f7cd6fe


informantnumber: A7877


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2016


hearing_title: Counties RC 18 September 2016 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Satherley used the whip in an excessive manner prior to the 200 metres when riding KAREN IRIS.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 636(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The Guidelines for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Jones demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 17 times from the 400 metres until the 200 metres. He said that Mrs Satherley did ride hands and heels for 4 or 5 strides on 2 occasions.

Mrs Satherley acknowledged that she struck her mount 17 times prior to the 200 metres. She explained that she stopped riding her mount with the drawn whip for 5 strides on 2 occasions but was disappointed it was not for the required 6 strides.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Satherley admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mrs Satherley’s record which showed 1 previous breach under this Rule in the last 12 months. This occurred on the 31 August 2016 and a $300 fine was imposed. He said Mrs Satherley should be given credit for admission of the breach and submitted a 2 to 3 day suspension would be an appropriate penalty.

Mrs Satherley advised that she had upcoming engagements at Te Aroha on 25 September, and sought a deferment to any proposed suspension.

In response to a question from the Committee, Mr Williamson was able to provide the Committee with evidence which showed that Mrs Satherley had a recent history of riding in the Central Districts on Industry days.

Mrs Satherley was able to confirm the midweek dates provided by the Stewards to be correct.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee advised Mrs Satherley with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This was adopted as per the Penalty Guide for Judicial Committees.

The mitigating factors were Mrs Satherley’s admission of the breach and the fact that she did ride hands and heels for 5 strides on 2 occasions.

The aggravating facts were the number of strikes (17) was in the high range and this was Mrs Satherley’s second breach in a short period of time.

The Committee did consider imposing a 3 day suspension but exercised discretion on this occasion because the frequency of strikes were not continuous and there were some evident pauses for 5 strides. Furthermore historically Mrs Satherley has had a very good record under this Rule.

After taking into account all the above factors the Committee considered that 2 days would be an appropriate suspension. Mrs Satherley was well aware of the consequences if she was to breach this Rule again in the near future.


penalty:

We grant Mrs Satherley’s request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 25 September and conclude after racing on 29 September 2016 (2 days).

That period of suspension encompasses meetings at Whangarei and Waverley.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mrs L Satherley - Licensed Rider


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 63f477370dfa569fa7d91c6652c6fea6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 768a641580756fdb14878fe4b84791a4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2016


meet_title: Counties RC - 18 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Counties RC