Archive Decision

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Counties RC 26 January 2018 – R 6 – Chair, Mr B Scott

ID: JCA15261

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M Coleman - Class A Rider

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10120

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:
R6

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

This Committee imposes a fine of $300.00 on Mr Coleman.

Facts:

Following the running of the FAMILY DAY AT THE RACES 11 FEB an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr M Coleman alleging that Mr Coleman used his whip excessively prior to the 100 metres mark when riding IWANNADANCELIKEHIM.

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

The NZTR approved Whip Guidelines provide that from the 600 metres mark to the 100 metres mark a Rider may use his/her whip 5 times and must then stop for 5 strides. This 5 on 5 off policy to apply up to the 100 metres mark.

Mr Coleman was present at the Hearing and he advised the Committee that he understood the Rule and the Guidelines and he admitted the breach.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films and showed where prior to the 100 metres mark Mr Coleman used his whip 10 times. He said that there was some respite but not the required 5 strides.

Mr Coleman said that the film evidence was clear and that he deserved to be charged.

Submissions for Penalty:

Stipendiary Steward Mr A Coles said that Mr Coleman had an exceptional record under this Rule. He said that a fine for a first breach of this Rule at the designated starting point of $300.00 was appropriate.

Mr Coleman had nothing further to add.

Reasons for Penalty:

The films show the incident clearly and confirm that there was not the required respite for 5 strides.

The starting point penalty for a first offence is a $300.00 fine. The Guidelines also provide that only exceptional circumstances can be taken into account by way of mitigation. An admission of the breach and a good record are not deemed to be exceptional circumstances and we have not taken theses into account.

Mr Coleman was advised that the starting point penalty for a second breach is a fine of $500.00 and  a third breach would incur a suspension of 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: 7c49a1571d07682b1a8aea188a5bd2f3


informantnumber: A10120


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 6 - Chair, Mr B Scott


charge:


facts:

Following the running of the FAMILY DAY AT THE RACES 11 FEB an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr M Coleman alleging that Mr Coleman used his whip excessively prior to the 100 metres mark when riding IWANNADANCELIKEHIM.

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

The NZTR approved Whip Guidelines provide that from the 600 metres mark to the 100 metres mark a Rider may use his/her whip 5 times and must then stop for 5 strides. This 5 on 5 off policy to apply up to the 100 metres mark.

Mr Coleman was present at the Hearing and he advised the Committee that he understood the Rule and the Guidelines and he admitted the breach.

Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films and showed where prior to the 100 metres mark Mr Coleman used his whip 10 times. He said that there was some respite but not the required 5 strides.

Mr Coleman said that the film evidence was clear and that he deserved to be charged.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Stipendiary Steward Mr A Coles said that Mr Coleman had an exceptional record under this Rule. He said that a fine for a first breach of this Rule at the designated starting point of $300.00 was appropriate.

Mr Coleman had nothing further to add.


reasonsforpenalty:

The films show the incident clearly and confirm that there was not the required respite for 5 strides.

The starting point penalty for a first offence is a $300.00 fine. The Guidelines also provide that only exceptional circumstances can be taken into account by way of mitigation. An admission of the breach and a good record are not deemed to be exceptional circumstances and we have not taken theses into account.

Mr Coleman was advised that the starting point penalty for a second breach is a fine of $500.00 and  a third breach would incur a suspension of License.


penalty:

This Committee imposes a fine of $300.00 on Mr Coleman.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Class A Rider


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: eccba88bde37f53827612342aed70e6c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


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