Counties RC 6 September 2017 – R 3 – Chair, Mr A Godsalve
ID: JCA14893
Code:
Thoroughbred
Meet Title:
Counties RC - 6 September 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2017/09/06
Race Number:
R3
Decision:
As Ms Sims has admitted the breach we find the charge proved.
Penalty:
The Committee therefore imposed a fine of $300 on Ms Sims. She was advised that any further breach of this Rule within 12 months would attract an uplift on that amount.
Facts:
Following the running of Race 3, the NZ Spinal Trust Raceday 24 Sept, an Information was presented by Mr Coles alleging that Apprentice Rider Ms A Sims used the whip excessively prior to the 100 metres on her mount GRAND RIO.
Ms Sims, who was assisted by Apprentice Riders Mentor Mr N Harris, acknowledged that she understood the Rule and that she 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 excessive.
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 a 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.
Using the available films, Mr Oatham identified GRAND RIO at the 400 metres. From that point until the 100 metres, Ms Sims struck the horse 13 or 14 times with her whip. He said that Ms Sims struck the horse every 2 or 3 strides, and at no point did she stop for the required 5 strides. Mr Oatham added that he did not believe the strikes were over forceful.
Ms Sims acknowledged that she had used her whip in breach of the Rule and that she had not stopped for the required number of strides.
Mr Harris said that this was Ms Sims' first ride for trainer Mr Murray Baker and she was trying hard to win. He added that Ms Sims was adjusting her riding to comply with the guidelines and was aware of the viewing public's perception of over-use of the whip.
Submissions for Penalty:
Mr Coles advised the Committee that Ms Sims has no previous breaches of this Rule since the guidelines were amended on 1 August 2017. He added that Ms Sims had been 'loaned' to Mr Baker and that she was trying hard to win her first race ride for him. He said the strikes were not forceful, and the Stewards viewed the severity of the breach to be at the lower end of the scale. Mr Coles submitted that a monetary penalty would be an appropriate penalty.
Mr Harris said that Ms Sims had been riding for about 3 years and was still at the learning stage, especially in coming to terms with the change in guidelines applicable to whip use.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a fine of $300 for a first breach of this Rule. An admission of the breach and/or a good record does not result in any reduction of that penalty. We accept that Ms Sims was not exercising very much force in her whip use, however the perception of the viewing public is paramount in issues of animal welfare. Committees throughout New Zealand are consistent in applying the starting point as above where there are no grounds to apply an uplift, as in this case.
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: 88cd123498e205493cdb7f1cec420deb
informantnumber: A8880
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 07/09/2017
hearing_title: Counties RC 6 September 2017 - R 3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the NZ Spinal Trust Raceday 24 Sept, an Information was presented by Mr Coles alleging that Apprentice Rider Ms A Sims used the whip excessively prior to the 100 metres on her mount GRAND RIO.
Ms Sims, who was assisted by Apprentice Riders Mentor Mr N Harris, acknowledged that she understood the Rule and that she 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 excessive.
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 a 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.
Using the available films, Mr Oatham identified GRAND RIO at the 400 metres. From that point until the 100 metres, Ms Sims struck the horse 13 or 14 times with her whip. He said that Ms Sims struck the horse every 2 or 3 strides, and at no point did she stop for the required 5 strides. Mr Oatham added that he did not believe the strikes were over forceful.
Ms Sims acknowledged that she had used her whip in breach of the Rule and that she had not stopped for the required number of strides.
Mr Harris said that this was Ms Sims' first ride for trainer Mr Murray Baker and she was trying hard to win. He added that Ms Sims was adjusting her riding to comply with the guidelines and was aware of the viewing public's perception of over-use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Sims has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles advised the Committee that Ms Sims has no previous breaches of this Rule since the guidelines were amended on 1 August 2017. He added that Ms Sims had been 'loaned' to Mr Baker and that she was trying hard to win her first race ride for him. He said the strikes were not forceful, and the Stewards viewed the severity of the breach to be at the lower end of the scale. Mr Coles submitted that a monetary penalty would be an appropriate penalty.
Mr Harris said that Ms Sims had been riding for about 3 years and was still at the learning stage, especially in coming to terms with the change in guidelines applicable to whip use.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a fine of $300 for a first breach of this Rule. An admission of the breach and/or a good record does not result in any reduction of that penalty. We accept that Ms Sims was not exercising very much force in her whip use, however the perception of the viewing public is paramount in issues of animal welfare. Committees throughout New Zealand are consistent in applying the starting point as above where there are no grounds to apply an uplift, as in this case.
penalty:
The Committee therefore imposed a fine of $300 on Ms Sims. She was advised that any further breach of this Rule within 12 months would attract an uplift on that amount.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr A Coles (Stipendiary Steward)
JockeysandTrainer: Ms A Sims-Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9492eb87c0a0316628123bb168dda88a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f922e6b3bd6e8c4ed8019497e27a0f9f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2017
meet_title: Counties RC - 6 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Counties RC