Counties RC 23 May 2019 – R 2 – Chair, Mr A Dooley
ID: JCA13969
Code:
Thoroughbred
Meet Title:
Counties RC - 23 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2019/05/23
Race Number:
R2
Decision:
As Ms Scott admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Scott was fined $300.
In conclusion the Committee advised Ms Scott the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
Facts:
Following the running of race 2, Splice Construction 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Scott used the whip excessively prior to the 100 metres when riding COPPER EXPRESS.
Ms Scott said that she understood the Rule and confirmed she admitted the breach.
Mr Harris assisted Ms Scott 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 With Respect to Acceptable Use of the Whip” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Ms Scott and showed that she used her whip on 11 occasions prior to the 100 metres. He said there were pauses with the whip for 3 and 4 strides but not for the minimum 5 strides.
Ms Scott accepted that she used her whip on 11 occasions prior to the 100 metres.
Mr Harris said that Ms Scott’s breach was low end. He added that the breach would have been close to a warning instead of a charge.
Submissions for Penalty:
Mr Williamson said that Ms Scott had a clear record under this Rule and submitted that there was no reason to deviate away from a $300 fine. He said the strikes were not forceful and described the breach as low range.
Ms Scott and Mr Harris made no submission on penalty.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
There were no aggravating factors that warranted an uplift in penalty.
When reviewing the video films they showed that the strikes were not forceful and there were pauses for 3 and 4 strides but not for the minimum 5 strides. The breach was low range.
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: 85db8b0431f43b13afdb4f12f6e67281
informantnumber: A11304
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/05/2019
hearing_title: Counties RC 23 May 2019 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, Splice Construction 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Scott used the whip excessively prior to the 100 metres when riding COPPER EXPRESS.
Ms Scott said that she understood the Rule and confirmed she admitted the breach.
Mr Harris assisted Ms Scott 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 With Respect to Acceptable Use of the Whip” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Ms Scott and showed that she used her whip on 11 occasions prior to the 100 metres. He said there were pauses with the whip for 3 and 4 strides but not for the minimum 5 strides.
Ms Scott accepted that she used her whip on 11 occasions prior to the 100 metres.
Mr Harris said that Ms Scott’s breach was low end. He added that the breach would have been close to a warning instead of a charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Scott admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Ms Scott had a clear record under this Rule and submitted that there was no reason to deviate away from a $300 fine. He said the strikes were not forceful and described the breach as low range.
Ms Scott and Mr Harris made no submission on penalty.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
There were no aggravating factors that warranted an uplift in penalty.
When reviewing the video films they showed that the strikes were not forceful and there were pauses for 3 and 4 strides but not for the minimum 5 strides. The breach was low range.
penalty:
Accordingly, Ms Scott was fined $300.
In conclusion the Committee advised Ms Scott the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms R Scott - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: acb22055397e59c1ce533cc72638bf7b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9407466aee3c7be6cd46d0126ef61bd0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/05/2019
meet_title: Counties RC - 23 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC