Counties RC 27 October 2017 – R 8 – Chair, Mr A Dooley
ID: JCA17625
Code:
Thoroughbred
Meet Title:
Counties RC - 27 October 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/10/27
Race Number:
R8
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Elliot was fined $500.
In conclusion the Committee advised Mr Elliot that a 3rd breach of this Rule would result in a suspension.
Facts:
Following the running of race 8, Alf Cole Memorial 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Elliot used his whip excessively on MISS CAMPBELL prior to the 100 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Elliot 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 Mr Elliot and showed that from the 400 metres until the 200 metres Mr Elliot struck his mount 11 times. He said Mr Elliot failed to give his mount the required respite for 5 strides. He added that MISS CAMPBELL won the race.
Mr Elliot acknowledged that he struck his mount 11 times from the 400 metres until the 200 metres without the required respite. He said that he used his whip to keep MISS CAMPBELL going, he stated that if he stopped using his whip the horse would stop. He added that his mount was green and still learning to race.
Mr Harris recommended to Mr Elliot that he changes his whip action. He said that Mr Elliot also needed to get into a habit of counting the number of strikes being applied.
Submissions for Penalty:
Mr Coles said that Mr Elliot breached this Rule yesterday and incurred a $300 fine. He submitted that due to the fact this was Mr Elliot’s 2nd breach a $500 fine was the recommended starting point under the new Guidelines.
Mr Elliot and Mr Harris had no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.
The Committee notes that prior to yesterday Mr Elliot had not breached this Rule for 6 months which is a significant improvement on his previous poor record. Consequently, we are concerned that Mr Elliot used his whip in an excessive manner twice in 2 days.
The mitigating factors were Mr Elliot’s admission of the breach and the number of strikes (11) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
MISS CAMPBELL won the race but there was no suggestion that any advantage was gained.
After taking into account all the above factors the Committee considered that an appropriate penalty was a $500 fine.
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: fad533e7c1d6d989e2f27cb4f628675d
informantnumber: A8887
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 28/10/2017
hearing_title: Counties RC 27 October 2017 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Alf Cole Memorial 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Mr Elliot used his whip excessively on MISS CAMPBELL prior to the 100 metres.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Elliot 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 Mr Elliot and showed that from the 400 metres until the 200 metres Mr Elliot struck his mount 11 times. He said Mr Elliot failed to give his mount the required respite for 5 strides. He added that MISS CAMPBELL won the race.
Mr Elliot acknowledged that he struck his mount 11 times from the 400 metres until the 200 metres without the required respite. He said that he used his whip to keep MISS CAMPBELL going, he stated that if he stopped using his whip the horse would stop. He added that his mount was green and still learning to race.
Mr Harris recommended to Mr Elliot that he changes his whip action. He said that Mr Elliot also needed to get into a habit of counting the number of strikes being applied.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles said that Mr Elliot breached this Rule yesterday and incurred a $300 fine. He submitted that due to the fact this was Mr Elliot’s 2nd breach a $500 fine was the recommended starting point under the new Guidelines.
Mr Elliot and Mr Harris had no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.
The Committee notes that prior to yesterday Mr Elliot had not breached this Rule for 6 months which is a significant improvement on his previous poor record. Consequently, we are concerned that Mr Elliot used his whip in an excessive manner twice in 2 days.
The mitigating factors were Mr Elliot’s admission of the breach and the number of strikes (11) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
MISS CAMPBELL won the race but there was no suggestion that any advantage was gained.
After taking into account all the above factors the Committee considered that an appropriate penalty was a $500 fine.
penalty:
Accordingly, Mr Elliot was fined $500.
In conclusion the Committee advised Mr Elliot that a 3rd breach of this Rule would result in a suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Elliot, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bfa31a668cec47b8da759a9fbb79ae5e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 32f5aa31858cc5044f787edc105a38f1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/10/2017
meet_title: Counties RC - 27 October 2017
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