Counties RC 5 May 2017 – R 1 – Chair, Mr A Dooley
ID: JCA13356
Code:
Thoroughbred
Meet Title:
Counties RC - 5 May 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/05/05
Race Number:
R1
Decision:
As Ms Kennedy admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Kennedy was fined $400.
In conclusion the Committee advised Ms Kennedy with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 1, Ssangyong 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Ms Kennedy used the whip in an excessive manner prior to the 200 metres when riding JOKING.
Ms Kennedy acknowledged that she understood the Rule and confirmed her admission of the breach. Mr N Harris assisted Ms Kennedy 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 for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Williamson demonstrated the incident using the available video footage. He identified Ms Kennedy racing at the rear of the field at the 500 metre mark and showed from that point up to the 200 metres she struck her mount 21 times. He said Ms Kennedy use of the whip was hard to quantify due to her whip action. He advised the Committee that Ms Kennedy was having her first race day ride. He said she failed to give her mount the required 6 strides respite.
Ms Kennedy agreed that she struck her mount 21 times prior to the 200 meters. She advised that she over reacted when the field increased the tempo at the top of the straight.
Submissions for Penalty:
Mr Coles said that Ms Kennedy should be given credit for her admission of the breach and she showed remorse for her actions. He noted that this was her first race day ride. He said that the breach was at the top end and submitted a $300 fine should be imposed.
With this being Ms Kennedy’s first race day ride the Committee informed her that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
Ms Kennedy said that she agreed with the Stewards submission and would prefer a fine over a suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented
The mitigating factors were Ms Kennedy’s admission of the breach and the fact this was her first race day ride.
The obvious aggravating fact was the number of strikes (21) prior to the 200 metres which we deemed to be at the high end. We observed that JOKING was racing at the rear of the field when the strikes were being applied. We believe the severity of strikes was low.
After taking into account all the above factors the Committee considered that a $400 fine was an appropriate penalty.
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: 67bcba6854b18fffabec4d5a12c15f64
informantnumber: A8869
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2017
hearing_title: Counties RC 5 May 2017 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Ssangyong 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Ms Kennedy used the whip in an excessive manner prior to the 200 metres when riding JOKING.
Ms Kennedy acknowledged that she understood the Rule and confirmed her admission of the breach. Mr N Harris assisted Ms Kennedy 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 for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Williamson demonstrated the incident using the available video footage. He identified Ms Kennedy racing at the rear of the field at the 500 metre mark and showed from that point up to the 200 metres she struck her mount 21 times. He said Ms Kennedy use of the whip was hard to quantify due to her whip action. He advised the Committee that Ms Kennedy was having her first race day ride. He said she failed to give her mount the required 6 strides respite.
Ms Kennedy agreed that she struck her mount 21 times prior to the 200 meters. She advised that she over reacted when the field increased the tempo at the top of the straight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Kennedy admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles said that Ms Kennedy should be given credit for her admission of the breach and she showed remorse for her actions. He noted that this was her first race day ride. He said that the breach was at the top end and submitted a $300 fine should be imposed.
With this being Ms Kennedy’s first race day ride the Committee informed her that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
Ms Kennedy said that she agreed with the Stewards submission and would prefer a fine over a suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented
The mitigating factors were Ms Kennedy’s admission of the breach and the fact this was her first race day ride.
The obvious aggravating fact was the number of strikes (21) prior to the 200 metres which we deemed to be at the high end. We observed that JOKING was racing at the rear of the field when the strikes were being applied. We believe the severity of strikes was low.
After taking into account all the above factors the Committee considered that a $400 fine was an appropriate penalty.
penalty:
Accordingly, Ms Kennedy was fined $400.
In conclusion the Committee advised Ms Kennedy with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms C Kennedy - Class D Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 062d671548d11603b8cd896a0ffafd86
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9c28b6eb14ab18904e427f208bacf4cd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2017
meet_title: Counties RC - 5 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Counties RC