Counties RC 18 September 2016 – R 7 – Chair, Mr A Dooley
ID: JCA12212
Code:
Thoroughbred
Meet Title:
Counties RC - 18 September 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/09/18
Race Number:
Race 7
Decision:
As Mr Hutton admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Hutton was fined $300.
In conclusion the Committee advised Mr Hutton 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 Mr Hutton used the whip in an excessive manner prior to the 200 metres when riding ELEGANT LAD.
Mr Hutton acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Hutton at the hearing.
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 Mr Hutton and showed that he struck his mount 11 times from the 400 metres until the 200 metres. He noted that Mr Hutton did ride hands and heels for 2 or 3 strides and there was some respite with the drawn whip.
Mr Hutton said the last 600 metres of the race was a slog in the heavy track conditions and stated he was trying to keep his horse up to the mark. He said there was no excessive force with the drawn whip and he doesn’t make a habit of it.
Mr Harris had nothing to add.
Submissions for Penalty:
Mr Coles produced Mr Hutton’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Hutton should be given credit for his admission of the breach and clear record. Mr Coles submitted a fine in the vicinity of $300 would be an appropriate penalty.
Mr Hutton asked for leniency because he had a clear record.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mr Hutton’s admission of the breach and his excellent record under this Rule in the last 12 months. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was low. When reviewing the video films it was clear that Mr Hutton’s strikes were not forceful. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The Committee did inform Mr Hutton 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 did not justify a suspension.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
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: 402e3027945a279f31195389486ccd52
informantnumber: A7879
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 Mr Hutton used the whip in an excessive manner prior to the 200 metres when riding ELEGANT LAD.
Mr Hutton acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Hutton at the hearing.
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 Mr Hutton and showed that he struck his mount 11 times from the 400 metres until the 200 metres. He noted that Mr Hutton did ride hands and heels for 2 or 3 strides and there was some respite with the drawn whip.
Mr Hutton said the last 600 metres of the race was a slog in the heavy track conditions and stated he was trying to keep his horse up to the mark. He said there was no excessive force with the drawn whip and he doesn’t make a habit of it.
Mr Harris had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hutton admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Hutton’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Hutton should be given credit for his admission of the breach and clear record. Mr Coles submitted a fine in the vicinity of $300 would be an appropriate penalty.
Mr Hutton asked for leniency because he had a clear record.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mr Hutton’s admission of the breach and his excellent record under this Rule in the last 12 months. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was low. When reviewing the video films it was clear that Mr Hutton’s strikes were not forceful. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The Committee did inform Mr Hutton 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 did not justify a suspension.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
penalty:
Accordingly, Mr Hutton was fined $300.
In conclusion the Committee advised Mr Hutton 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: Mr B Hutton - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 65707c1f7c3d930cc5180e34674db0c5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
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