Archive Decision

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Counties RC 27 May 2021 – R 3 – Chair, Mr A Smith

ID: JCA12480

Applicant:
Mr A Coles –Stipendiary Steward

Respondent(s):
Mr H McNeil –Rider of TAUMALOLO

Other Person:
Mr A Dooley – Stipendiary Steward

Information Number:
A13912

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 27 May 2021

Meet Chair:
ASmith

Race Date:
2021/05/27

Race Number:
R03

Decision:

As Mr McNeil admitted the breach the Committee found the charge proved.

Penalty:

Mr McNeil is fined $300.

Facts:

This charge arises from the running of Race 3, A Maiden Highweight event over 1600m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Class D Rider, Mr H McNeil used his whip excessively when riding TAUMALOLO prior to the 100 metres.

Mr McNeil said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:

(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available race film footage Mr Dooley demonstrated the breach. He identified Mr McNeils’s mount, TAUMALOLO, and counted Mr McNeil striking his horse on 7 occasions prior to the 100m

In response Mr McNeil said that he agreed with the number of strikes.

Submissions for Penalty:

Mr Coles said that Mr McNeil had a good record under the Rule, but had previously been warned on 2 occasions for using his whip 7 times prior to the 100m. Due to the previous warnings the Stipendiary stewards believed a charge was appropriate given these circumstances.

Mr McNeil had nothing to add in relation to penalty submissions.

Reasons for Penalty:

The Guidelines propose a starting point of $300 for a first breach. The Committee sees no reason to deviate from the starting point.

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: 6181074cf7eeb01c51939fdf9662feea


informantnumber: A13912


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 29/05/2021


hearing_title: Counties RC 27 May 2021 – R 3 – Chair, Mr A Smith


charge:


facts:

This charge arises from the running of Race 3, A Maiden Highweight event over 1600m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Class D Rider, Mr H McNeil used his whip excessively when riding TAUMALOLO prior to the 100 metres.

Mr McNeil said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:

(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available race film footage Mr Dooley demonstrated the breach. He identified Mr McNeils’s mount, TAUMALOLO, and counted Mr McNeil striking his horse on 7 occasions prior to the 100m

In response Mr McNeil said that he agreed with the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNeil admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles said that Mr McNeil had a good record under the Rule, but had previously been warned on 2 occasions for using his whip 7 times prior to the 100m. Due to the previous warnings the Stipendiary stewards believed a charge was appropriate given these circumstances.

Mr McNeil had nothing to add in relation to penalty submissions.


reasonsforpenalty:

The Guidelines propose a starting point of $300 for a first breach. The Committee sees no reason to deviate from the starting point.


penalty:

Mr McNeil is fined $300.


hearing_type: Hearing


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


Informant: Mr A Coles –Stipendiary Steward


JockeysandTrainer: Mr H McNeil –Rider of TAUMALOLO


Otherperson: Mr A Dooley – Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4965b342e0ffd43700a3e0295327a005


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R03


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c1db7b3823ead074521399e16008e553


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2021


meet_title: Counties RC - 27 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: none


meet_pm2: none


name: Counties RC