Archive Decision

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Counties RC 26 January 2018 – R 5 – Chair, Mr B Scott

ID: JCA14803

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Miss D Johnson - Class A Rider

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A 10119

Hearing Type:
Hearing

New Charge:
Excessive whip use

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 26 January 2018

Meet Chair:
BScott

Meet Committee Member 1:
ASmith

Race Date:
2018/01/26

Race Number:
R5

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

This Committee imposes a fine of $500.00 on Miss Johnson.

Facts:

Following the running of the LONE STAR PUKEKOHE an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Miss D Johnson alleging that Miss Johnson had used her whip excessively prior to the 100 metres mark when ridng MISSION HILL.

Rule 638(3)(b)(ii) provides that "a Rider shall not strike a horse with a whip in a manner or to an extent which is excessive."

The NZTR approved Whip Guidelines essentially provide that between the last 600 metres and 100 metres of a race a Rider may use his/her whip 5 times and must then stop for 5 strides before using the whip again. The 5 on 5 off policy to apply up to the 100 metres mark.

Miss Johnson was present and she acknowledged that she understood the Rule and the Guidelines and that she admitted the breach.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films and showed where Miss Johnson had struck her mount 9 times prior to the 100 metres mark without the required respite.

Miss Johnson accepted Mr Williamson's evidence.

Submissions for Penalty:

Mr Coles said that this was Miss Johnson's second breach of this Rule and therefore the appropriate fine should apply.

Miss Johnson had nothing to add.

Reasons for Penalty:

The films show the incident clearly and in terms of the Whip Guidelines for a second breach a fine of $500.00 is the appropriate starting point. The Guidelines provide that only exceptional circumstances are to be taken into account by way of mitigation. An admission of the breach and  a good record are not mitigating factors and we have not taken these into account. Miss Johnson was advised that a further breach of this Rule would result in a suspension of her License.

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: 7dba52a1a07434709db35ef6b582b8a5


informantnumber: A 10119


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive whip use


plea: admitted


penaltyrequired: 1


decisiondate: 29/01/2018


hearing_title: Counties RC 26 January 2018 - R 5 - Chair, Mr B Scott


charge:


facts:

Following the running of the LONE STAR PUKEKOHE an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Miss D Johnson alleging that Miss Johnson had used her whip excessively prior to the 100 metres mark when ridng MISSION HILL.

Rule 638(3)(b)(ii) provides that "a Rider shall not strike a horse with a whip in a manner or to an extent which is excessive."

The NZTR approved Whip Guidelines essentially provide that between the last 600 metres and 100 metres of a race a Rider may use his/her whip 5 times and must then stop for 5 strides before using the whip again. The 5 on 5 off policy to apply up to the 100 metres mark.

Miss Johnson was present and she acknowledged that she understood the Rule and the Guidelines and that she admitted the breach.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films and showed where Miss Johnson had struck her mount 9 times prior to the 100 metres mark without the required respite.

Miss Johnson accepted Mr Williamson's evidence.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Coles said that this was Miss Johnson's second breach of this Rule and therefore the appropriate fine should apply.

Miss Johnson had nothing to add.


reasonsforpenalty:

The films show the incident clearly and in terms of the Whip Guidelines for a second breach a fine of $500.00 is the appropriate starting point. The Guidelines provide that only exceptional circumstances are to be taken into account by way of mitigation. An admission of the breach and  a good record are not mitigating factors and we have not taken these into account. Miss Johnson was advised that a further breach of this Rule would result in a suspension of her License.


penalty:

This Committee imposes a fine of $500.00 on Miss Johnson.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Miss D Johnson - Class A Rider


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f7a2f78697fd56aadb83ba3f8a9e1573


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: 019af966def64bcda6aa408a8c511670


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/01/2018


meet_title: Counties RC - 26 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ASmith


meet_pm2: none


name: Counties RC