Gore RC 31 January 2018 – R 5 – Chair, Mr V Munro
ID: JCA11620
Code:
Thoroughbred
Meet Title:
Gore RC - 31 January 2018
Meet Chair:
VMUnro
Meet Committee Member 1:
PKnowles
Race Date:
2018/01/31
Race Number:
R 5
Decision:
As Mr Bohorun admitted the breach the charge is proved.
Penalty:
Mr Bohorun is fined $300.
Facts:
Following the running of race 5, the White Robe Lodge/John Brick Memorial Maiden, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr A Bohorun used his whip excessively prior to the 100 metres on his mount OPIO ROSE.
Mr Bohorun acknowledged that he understood the nature of the charge and the relevant rule. He confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides that 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” provide:
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.
Using available video footage to demonstrate the breach, Stipendiary Steward Mr Tidmarsh advised the Committee that Mr Bohorun used his whip 12 times prior to the final 100 metres from the 250 metre mark. He said Mr Bohorun had shown very little respite by going back to the rein and not complied with the 5 on, 5 off regulations.
Mr Bohorun advised the Committee he agreed with the Stewards' summary and had nothing further to add as did Mr Blair-Edie.
Submissions for Penalty:
Mr Tidmarsh produced Mr Bohorun's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said that Mr Bohorun was in his first season as an Apprentice and had just returned from a 5 week suspension. He further added that Mr Bohorun had an obligation to know the rules. Mr Tidmarsh submitted that as this was Mr Bohorun’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.
Mr Bohorun said that he had not remembered the new whip rules.
Mr Blair-Edie asked that the fine be kept at a minimum.
Reasons for Penalty:
In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Bohorun’s admission of the breach and his clear record under this Rule. There are no aggravating factors.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) - as:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
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: 20a75e12899b4b8ddc85e6cf470303d8
informantnumber: A10406
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2018
hearing_title: Gore RC 31 January 2018 - R 5 - Chair, Mr V Munro
charge:
facts:
Following the running of race 5, the White Robe Lodge/John Brick Memorial Maiden, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr A Bohorun used his whip excessively prior to the 100 metres on his mount OPIO ROSE.
Mr Bohorun acknowledged that he understood the nature of the charge and the relevant rule. He confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides that 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” provide:
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.
Using available video footage to demonstrate the breach, Stipendiary Steward Mr Tidmarsh advised the Committee that Mr Bohorun used his whip 12 times prior to the final 100 metres from the 250 metre mark. He said Mr Bohorun had shown very little respite by going back to the rein and not complied with the 5 on, 5 off regulations.
Mr Bohorun advised the Committee he agreed with the Stewards' summary and had nothing further to add as did Mr Blair-Edie.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bohorun admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Bohorun's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said that Mr Bohorun was in his first season as an Apprentice and had just returned from a 5 week suspension. He further added that Mr Bohorun had an obligation to know the rules. Mr Tidmarsh submitted that as this was Mr Bohorun’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.
Mr Bohorun said that he had not remembered the new whip rules.
Mr Blair-Edie asked that the fine be kept at a minimum.
reasonsforpenalty:
In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Bohorun’s admission of the breach and his clear record under this Rule. There are no aggravating factors.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) - as:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
penalty:
Mr Bohorun is fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr A Bohorun - Apprentice Rider of OPIO ROSE
Otherperson: Mr S Blair-Edie - Trainer of OPIO ROSE assisting Mr Bohorun
PersonPresent:
Respondent:
StipendSteward:
raceid: c88406b772b9286cfffc0f74d3cece27
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 748e98c1e659538e48c1a145fe13fbed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/01/2018
meet_title: Gore RC - 31 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-rc
meet_racingtype: thoroughbred-racing
meet_chair: VMUnro
meet_pm1: PKnowles
meet_pm2: none
name: Gore RC