Counties RC 6 May 2016 – R 7 – Chair, Mr A Godsalve
ID: JCA17460
Code:
Thoroughbred
Meet Title:
Counties RC - 6 May 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
RSeabrook
Race Date:
2016/05/06
Race Number:
R7
Decision:
As the breach was admitted the charge was found proved.
Penalty:
Accordingly we impose a fine of $300 on Mr Elliot.
Facts:
Following the running of Race 7, the HYNDS PIPE SYSTEMS 1400, an Information was laid alleging that Apprentice Rider Mr R Elliot had used his whip excessively prior to the 200 metres while riding COLONEL CARRERA.
Mr Williamson informed the Committee that Mr Elliot is apprenticed to Mr G Rogerson, who had left the course. While Mr Rogerson had expressed a wish to have this matter heard at a later date, the Committee directed that as it was an admitted breach it should be heard on this day in the absence of any extenuating circumstances preventing it from being so heard. Mr Elliot confirmed that he had viewed the films and that he wished to admit the breach. He was assisted at the hearing by stable foreman Mr G Barlow. The Committee also directed that Mr N Harris, who has been appointed by New Zealand Thoroughbred Racing to assist Apprentice Riders was to attend the hearing.
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 excessive'.
Using the available films Mr Oatham identified the horse COLONEL CARRERA as the field entered the home straight. Mr Elliot had directed the horse to the outside of the field and it was clearly evident that he had struck the horse at least 16 times with his whip without any respite before the horse reached the 200 metres mark.
Mr Oatham stated that he had later asked Mr Elliot for his riding instructions prior to the race. Mr Elliot replied that he had been told by the trainer to 'get going' before the 600 metres mark.
Mr Elliot stated that he agreed he had used the whip outside the guidelines. He added that Pukekohe Racecourse has a very long straight and that he had misjudged the position of the 200 metres mark.
Mr Barlow stated that he knew the horse's peculiarities and was aware the it was quite a lazy horse who would attempt to 'pull up' if it got the chance.
Mr Barlow asked Mr Oatham to clarify the Rule covering this situation. Mr Oatham stated that the guidelines required a rider to not hit a horse with his whip more than 6 times in succession before giving it a brief respite, then a further 6 strikes. These guidelines apply to 200 metres prior to the finish.
Submissions for Penalty:
Mr Williamson produced Mr Elliot's riding record which showed no prior breaches of this Rule. He said the Stewards felt this breach was out of character for Mr Elliot who they considered had a bright future as a jockey. He said it was to his credit that he had admitted the breach, however he added that the Rules applied to all riders. Mr Williamson stated that he felt the matter could be dealt with by way of a monetary penalty in the region of between $200-$300.
Neither Mr Elliot or Mr Barlow had any submissions to make regarding penalty.
Reasons for Penalty:
The JCA Penalty Guide has a starting point of a fine of $500 or a 2 day suspension for a breach of these Rules. We accept that Mr Elliot has admitted the breach and that he may have been mistaken as to the position of the markers in the home straight, however it is incumbent on riders to be aware of the Rules and to know specific details of any racetrack they may be riding at. We accept that this breach was at the lower end of the scale, and our observations were that Mr Elliot was not hitting the horse with much vigour. However we are also aware that the public perception of over use of the whip is a factor we have to take into account. Mr Elliot was reminded that when he mounts a horse for a race he alone is responsible for his actions.
Given all of the above matters we believed that this breach could be dealt with by way of a fine.
In delivering our penalty we advised Mr Elliot that the JCA Penalty Guide calls for a 2nd breach of this Rule within 6 months must be dealt with by way of a suspension of between 3-5 days.
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: e623db7133b22c3ae3eedc3f4b20ad28
informantnumber: A7590
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 09/05/2016
hearing_title: Counties RC 6 May 2016 - R 7 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 7, the HYNDS PIPE SYSTEMS 1400, an Information was laid alleging that Apprentice Rider Mr R Elliot had used his whip excessively prior to the 200 metres while riding COLONEL CARRERA.
Mr Williamson informed the Committee that Mr Elliot is apprenticed to Mr G Rogerson, who had left the course. While Mr Rogerson had expressed a wish to have this matter heard at a later date, the Committee directed that as it was an admitted breach it should be heard on this day in the absence of any extenuating circumstances preventing it from being so heard. Mr Elliot confirmed that he had viewed the films and that he wished to admit the breach. He was assisted at the hearing by stable foreman Mr G Barlow. The Committee also directed that Mr N Harris, who has been appointed by New Zealand Thoroughbred Racing to assist Apprentice Riders was to attend the hearing.
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 excessive'.
Using the available films Mr Oatham identified the horse COLONEL CARRERA as the field entered the home straight. Mr Elliot had directed the horse to the outside of the field and it was clearly evident that he had struck the horse at least 16 times with his whip without any respite before the horse reached the 200 metres mark.
Mr Oatham stated that he had later asked Mr Elliot for his riding instructions prior to the race. Mr Elliot replied that he had been told by the trainer to 'get going' before the 600 metres mark.
Mr Elliot stated that he agreed he had used the whip outside the guidelines. He added that Pukekohe Racecourse has a very long straight and that he had misjudged the position of the 200 metres mark.
Mr Barlow stated that he knew the horse's peculiarities and was aware the it was quite a lazy horse who would attempt to 'pull up' if it got the chance.
Mr Barlow asked Mr Oatham to clarify the Rule covering this situation. Mr Oatham stated that the guidelines required a rider to not hit a horse with his whip more than 6 times in succession before giving it a brief respite, then a further 6 strikes. These guidelines apply to 200 metres prior to the finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the charge was found proved.
sumissionsforpenalty:
Mr Williamson produced Mr Elliot's riding record which showed no prior breaches of this Rule. He said the Stewards felt this breach was out of character for Mr Elliot who they considered had a bright future as a jockey. He said it was to his credit that he had admitted the breach, however he added that the Rules applied to all riders. Mr Williamson stated that he felt the matter could be dealt with by way of a monetary penalty in the region of between $200-$300.
Neither Mr Elliot or Mr Barlow had any submissions to make regarding penalty.
reasonsforpenalty:
The JCA Penalty Guide has a starting point of a fine of $500 or a 2 day suspension for a breach of these Rules. We accept that Mr Elliot has admitted the breach and that he may have been mistaken as to the position of the markers in the home straight, however it is incumbent on riders to be aware of the Rules and to know specific details of any racetrack they may be riding at. We accept that this breach was at the lower end of the scale, and our observations were that Mr Elliot was not hitting the horse with much vigour. However we are also aware that the public perception of over use of the whip is a factor we have to take into account. Mr Elliot was reminded that when he mounts a horse for a race he alone is responsible for his actions.
Given all of the above matters we believed that this breach could be dealt with by way of a fine.
In delivering our penalty we advised Mr Elliot that the JCA Penalty Guide calls for a 2nd breach of this Rule within 6 months must be dealt with by way of a suspension of between 3-5 days.
penalty:
Accordingly we impose a fine of $300 on Mr Elliot.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: R. Elliot Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr G Barlow - Stable representative of the Rogerson Training Partnership, Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c93e440f97c740bcabef7be5717a050
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5cff85b4f0e8c44d6b86946f8123b4f3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/05/2016
meet_title: Counties RC - 6 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: RSeabrook
meet_pm2: none
name: Counties RC