Counties RC 18 September 2016 – R 7 – Chair, Mr A Dooley
ID: JCA15817
Code:
Thoroughbred
Meet Title:
Counties RC - 18 September 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/09/18
Race Number:
R7
Decision:
As Mrs Thornton admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mrs Thornton was fined $300.
In conclusion the Committee advised Mrs Thornton 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.
Facts:
Following the running of race 7, Lone Star Pukekohe 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Thornton used the whip in an excessive manner prior to the 200 metres when riding LORD BENTLEY.
Mrs Thornton acknowledged that she understood the Rule and confirmed her admission of the breach.
Rule 638(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 Thornton and showed that she struck her mount 12 times from the 400 metres until the 200 metres. He noted that there was some respite with the drawn whip but not for the required 6 strides.
Mrs Thornton acknowledged that she struck her mount 12 times prior to the 200 metres and had nothing to add.
Submissions for Penalty:
Mr Coles produced Mrs Thornton’s record which showed no previous breach under this Rule in the last 12 months. He said Mrs Thornton should be given credit for her admission of the breach and her excellent record. He added that Mrs Thornton normally rides this Rule very well and he couldn’t remember any prior charge. He accepted there was some respite with the drawn whip.
Mrs Thornton declined to make any submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mrs Thornton’s admission of the breach and her excellent record under this Rule. The Committee assess the number of strikes (12) was low to mid – range and the severity of strikes was low to mid - range. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The Committee did inform Mrs Thornton that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
In our view this particular case does not justify a suspension and advised Mrs Thornton that the minimum penalty would be imposed for this breach.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
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: d6693bb4e3068b503650b8905c07bcbd
informantnumber: A7880
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 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Lone Star Pukekohe 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Thornton used the whip in an excessive manner prior to the 200 metres when riding LORD BENTLEY.
Mrs Thornton acknowledged that she understood the Rule and confirmed her admission of the breach.
Rule 638(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 Thornton and showed that she struck her mount 12 times from the 400 metres until the 200 metres. He noted that there was some respite with the drawn whip but not for the required 6 strides.
Mrs Thornton acknowledged that she struck her mount 12 times prior to the 200 metres and had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Thornton admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mrs Thornton’s record which showed no previous breach under this Rule in the last 12 months. He said Mrs Thornton should be given credit for her admission of the breach and her excellent record. He added that Mrs Thornton normally rides this Rule very well and he couldn’t remember any prior charge. He accepted there was some respite with the drawn whip.
Mrs Thornton declined to make any submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mrs Thornton’s admission of the breach and her excellent record under this Rule. The Committee assess the number of strikes (12) was low to mid – range and the severity of strikes was low to mid - range. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The Committee did inform Mrs Thornton that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
In our view this particular case does not justify a suspension and advised Mrs Thornton that the minimum penalty would be imposed for this breach.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
penalty:
Accordingly, Mrs Thornton was fined $300.
In conclusion the Committee advised Mrs Thornton 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.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mrs T Thornton - Licensed Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9af86e31c5c01c818874ebaaaeb2d3ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
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