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Hawke’s Bay RI 1 January 2018 – R 7 – Chair, Mrs N Moffatt

ID: JCA13377

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Ms H Andrew - Apprentice Rider

Other Person:
Mr D Bradley - Senior Rider assisting Ms Andrew, Mr N Goodwin - Stipendiary Steward

Information Number:
A9217

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 1 January 2018

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2018/01/01

Race Number:
R 7

Decision:

As Ms Andrew admitted the breach the charge was found to be proved.

Penalty:

Accordingly Ms Andrew’s apprentice rider’s licence was suspended from the close of racing on Saturday January 6th up to and including racing on Wednesday January 17th.

Facts:

Following Race 7 (Jimmy Rural 1400”), Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that H Andrew (SWISS PRECISION) used her whip excessively prior to the 100m.

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 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.
Mr Balcombe had Mr Goodwin demonstrate the breach using the head-on video. He said from the top of the straight to the 200m she struck her mount 8 times without the necessary respite. After that point she complied with the rules.

Ms Andrew accepted that was a correct assessment of her whip use.

Mr Bradley said that at least Ms Andrew put her hands back on the reins and did not hit her mount in a continuous manner. He said she is trying her best but just needs to learn to ride for a few more strides between each whip set.

Submissions for Penalty:

Mr Balcombe said this was the 5th breach of the whip rule since August for Ms Andrew. Previous penalties as follows:
26/8/17 - $300
2/9/17 - $500
18/11/17 - 6 day suspension (11 strikes)
9/12/17 - 6 day suspension (15 strikes)

He said Ms Andrew has shown signs of improvement at times but she also has lapses. He said while today’s breach sat at the lower end with 8 strikes that number is still over the guidelines. Mr Balcombe also highlighted the ongoing problem of a lack of a riding master in the Central Districts and said that the young inexperienced riders really do need someone helping them.

Ms Andrew admitted having some difficulty adapting to the whip rules, drawing attention to her record, but said she feels as if she is getting better. Ms Andrew said it is difficult not having a riding master available at apprentice school to help her. She said she is not trying to hurt the horse and often doesn’t realise she has exceeded the whip use until watching the video replay after the race.

Reasons for Penalty:

The current starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach - $300
2nd breach - $500
3rd or subsequent breach 6-8 national riding day suspension

It is of concern that Ms Andrew is facing her 5th charge since August of excessive use of the whip. As a result we have adopted an 8 day starting point in considering penalty.

In assessing the seriousness of the breach today we note that the number of strikes (8) is an improvement for Ms Andrew and, as Mr Bradley highlighted, she is not using the whip in a continuous manner but returning to the reins each time. We placed the breach at the low end.

The absence of a Central Districts riding master is a recurring theme being put to Judicial Committees from the riders, their employers and the RIU in respect to a lack of help for apprentices in this area.

This Committee agrees this is an area of concern and believes Ms Andrew requires urgent mentoring and assistance; however we also advised Ms Andrew that she also needs to take responsibility for her whip use. Balancing up all factors it was our opinion that an 8 day suspension was an appropriate penalty.

Ms Andrew advised of riding commitments through until next Saturday.

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: 6a965a03d17915723fa2c54824e35259


informantnumber: A9217


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/01/2018


hearing_title: Hawke's Bay RI 1 January 2018 - R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 7 (Jimmy Rural 1400”), Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that H Andrew (SWISS PRECISION) used her whip excessively prior to the 100m.

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 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.
Mr Balcombe had Mr Goodwin demonstrate the breach using the head-on video. He said from the top of the straight to the 200m she struck her mount 8 times without the necessary respite. After that point she complied with the rules.

Ms Andrew accepted that was a correct assessment of her whip use.

Mr Bradley said that at least Ms Andrew put her hands back on the reins and did not hit her mount in a continuous manner. He said she is trying her best but just needs to learn to ride for a few more strides between each whip set.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Andrew admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Balcombe said this was the 5th breach of the whip rule since August for Ms Andrew. Previous penalties as follows:
26/8/17 - $300
2/9/17 - $500
18/11/17 - 6 day suspension (11 strikes)
9/12/17 - 6 day suspension (15 strikes)

He said Ms Andrew has shown signs of improvement at times but she also has lapses. He said while today’s breach sat at the lower end with 8 strikes that number is still over the guidelines. Mr Balcombe also highlighted the ongoing problem of a lack of a riding master in the Central Districts and said that the young inexperienced riders really do need someone helping them.

Ms Andrew admitted having some difficulty adapting to the whip rules, drawing attention to her record, but said she feels as if she is getting better. Ms Andrew said it is difficult not having a riding master available at apprentice school to help her. She said she is not trying to hurt the horse and often doesn’t realise she has exceeded the whip use until watching the video replay after the race.


reasonsforpenalty:

The current starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach - $300
2nd breach - $500
3rd or subsequent breach 6-8 national riding day suspension

It is of concern that Ms Andrew is facing her 5th charge since August of excessive use of the whip. As a result we have adopted an 8 day starting point in considering penalty.

In assessing the seriousness of the breach today we note that the number of strikes (8) is an improvement for Ms Andrew and, as Mr Bradley highlighted, she is not using the whip in a continuous manner but returning to the reins each time. We placed the breach at the low end.

The absence of a Central Districts riding master is a recurring theme being put to Judicial Committees from the riders, their employers and the RIU in respect to a lack of help for apprentices in this area.

This Committee agrees this is an area of concern and believes Ms Andrew requires urgent mentoring and assistance; however we also advised Ms Andrew that she also needs to take responsibility for her whip use. Balancing up all factors it was our opinion that an 8 day suspension was an appropriate penalty.

Ms Andrew advised of riding commitments through until next Saturday.


penalty:

Accordingly Ms Andrew’s apprentice rider’s licence was suspended from the close of racing on Saturday January 6th up to and including racing on Wednesday January 17th.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Ms H Andrew - Apprentice Rider


Otherperson: Mr D Bradley - Senior Rider assisting Ms Andrew, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5e1e2aad2e1937569d61bacfafa4f2bc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


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meetid: 7d6cce446e1716d5bd0000df019451da


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meetdate: 01/01/2018


meet_title: Hawkes Bay RI - 1 January 2018


meet_expappcomment:


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tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI