Gore RC 20 January 2018 – R 9 – Chair, Prof G Hall
ID: JCA16474
Code:
Thoroughbred
Meet Title:
Gore RC - 20 January 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/01/20
Race Number:
R 9
Decision:
As Mr Jogoo has admitted the breach, we find the breach proved.
Penalty:
Mr Jogoo is fined the sum of $500 and is informed in no uncertain terms of what the consequences of a third breach will be.
Facts:
Mr Davidson alleged that Mr Jogoo used his whip excessively on his mount SOUTHERN DANCER prior to the 100 metres in race 9 the KEVIN COYLE MEMORIAL/REGIONAL FORD GORE HANDICAP RATING 65 2000 metres.
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.”
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
“Without affecting the generality of r 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 Jogoo acknowledged that he understood the rule and confirmed his admission of the breach.
Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 8 strikes before the 100 metres. There were no breaks, whatsoever. The only pause was as the respondent reached the 100 metres.
Mr Jogoo agreed that this was a fair assessment by the Stewards and had no explanation for his actions. Mr Walsh acknowledged it was a clear breach and expressed his disbelief at the respondent being in breach of the rule so soon after the previous breach.
Submissions for Penalty:
Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule until today. He said Mr Jogoo’s record was clear until 3 races ago.
Mr Walsh and Mr Jogoo acknowledged Mr Davidson’s submission.
Reasons for Penalty:
New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s second breach and the breach is mid range. There is no pause until the 100 metres and there are 8 strikes before this. The starting point in the Penalty Guide is a fine of $500.
JCA Decision Fields (raw)
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hearingid: b8f15b5b0538ba1bac7a515aecad3db2
informantnumber: A9728
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/01/2018
hearing_title: Gore RC 20 January 2018 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Jogoo used his whip excessively on his mount SOUTHERN DANCER prior to the 100 metres in race 9 the KEVIN COYLE MEMORIAL/REGIONAL FORD GORE HANDICAP RATING 65 2000 metres.
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.”
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
“Without affecting the generality of r 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 Jogoo acknowledged that he understood the rule and confirmed his admission of the breach.
Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 8 strikes before the 100 metres. There were no breaks, whatsoever. The only pause was as the respondent reached the 100 metres.
Mr Jogoo agreed that this was a fair assessment by the Stewards and had no explanation for his actions. Mr Walsh acknowledged it was a clear breach and expressed his disbelief at the respondent being in breach of the rule so soon after the previous breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Jogoo has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule until today. He said Mr Jogoo’s record was clear until 3 races ago.
Mr Walsh and Mr Jogoo acknowledged Mr Davidson’s submission.
reasonsforpenalty:
New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s second breach and the breach is mid range. There is no pause until the 100 metres and there are 8 strikes before this. The starting point in the Penalty Guide is a fine of $500.
penalty:
Mr Jogoo is fined the sum of $500 and is informed in no uncertain terms of what the consequences of a third breach will be.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr G Jogoo - Apprentice Jockey
Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 4bea4b45a38fb3c1150ae6b13757f843
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b6a59bc7105bf4f732bfa16bbcc5447f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2018
meet_title: Gore RC - 20 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore RC