Hawke’s Bay RI 1 January 2021 – R 5 – Chair, Mrs N Moffatt
ID: JCA15578
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 1 January 2021
Meet Chair:
NMoffatt
Meet Committee Member 1:
BMainwaring
Race Date:
2021/01/01
Race Number:
R 5
Decision:
Ms McCall admitted the breach therefore the charge was deemed proved.
Penalty:
Accordingly, Ms McCall is fined the sum of $650.
Facts:
Following Race 5, Stipendiary Steward Mr N Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that Eilish McCall used her whip excessively in the home straight.
At the outset of the hearing, Ms McCall confirmed she understood the Rule and she admitted the breach.
Mr Goodwin used videos from the top of the straight to identify Ms McCall riding in the Peter Lock colours up against the rail. She initially slapped her mount a couple of times, which the Stewards said they had no problem with, but then commenced to strike her horse 8 times before the 100m mark.
Ms McCall agreed with Mr Goodwin’s description of the breach.
Submissions for Penalty:
Mr Goodwin said this was the second breach of the Whip Rule for Ms McCall over the last 12 months. In November 2020 she was fined $300 at Auckland for hitting her mount 8 times.
In response to a question from the Committee Mr Goodwin said the Stewards considered the fact she won the race today an aggravating factor.
Ms McCall explained that she has been working hard on using the whip within the Guidelines but today got a bit excited and just forgot to put her hands back on the reins.
Ms Clapperton said the films spoke for themselves and had nothing to add.
Reasons for Penalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - $2000 + 2 day suspension
4th breach - 5 day suspension
The Committee considered all submissions. We took ito account the number of strikes and the manner in which Ms McCall used the whip, neither of which, in our opinion, required an uplift in penalty. Ms McCall however won the race by a head margin. It is not possible to say that she only won by hitting her horse over the permitted number of strikes but the riders who placed behind her all rode within the Whip Guidelines. These Guidelines are well-recognised and Ms McCall, although still an Apprentice, is not an inexperienced rider. While it is not automatic to apply an uplift to the starting point when a rider wins the race, on this occasion it was the Committee’s opinion that it was appropriate.
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: b677367ccd506bf3fdfafbefcb40f685
informantnumber: A14113
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/01/2021
hearing_title: Hawke's Bay RI 1 January 2021 - R 5 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 5, Stipendiary Steward Mr N Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that Eilish McCall used her whip excessively in the home straight.
At the outset of the hearing, Ms McCall confirmed she understood the Rule and she admitted the breach.
Mr Goodwin used videos from the top of the straight to identify Ms McCall riding in the Peter Lock colours up against the rail. She initially slapped her mount a couple of times, which the Stewards said they had no problem with, but then commenced to strike her horse 8 times before the 100m mark.
Ms McCall agreed with Mr Goodwin’s description of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms McCall admitted the breach therefore the charge was deemed proved.
sumissionsforpenalty:
Mr Goodwin said this was the second breach of the Whip Rule for Ms McCall over the last 12 months. In November 2020 she was fined $300 at Auckland for hitting her mount 8 times.
In response to a question from the Committee Mr Goodwin said the Stewards considered the fact she won the race today an aggravating factor.
Ms McCall explained that she has been working hard on using the whip within the Guidelines but today got a bit excited and just forgot to put her hands back on the reins.
Ms Clapperton said the films spoke for themselves and had nothing to add.
reasonsforpenalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - $2000 + 2 day suspension
4th breach - 5 day suspension
The Committee considered all submissions. We took ito account the number of strikes and the manner in which Ms McCall used the whip, neither of which, in our opinion, required an uplift in penalty. Ms McCall however won the race by a head margin. It is not possible to say that she only won by hitting her horse over the permitted number of strikes but the riders who placed behind her all rode within the Whip Guidelines. These Guidelines are well-recognised and Ms McCall, although still an Apprentice, is not an inexperienced rider. While it is not automatic to apply an uplift to the starting point when a rider wins the race, on this occasion it was the Committee’s opinion that it was appropriate.
penalty:
Accordingly, Ms McCall is fined the sum of $650.
hearing_type: Hearing
Rules: 638(3(b)(ii)
Informant: Mr N Goodwin - Senior Stipendiary Steward
JockeysandTrainer: Ms E McCall - Apprentice Rider
Otherperson: Ms K Clapperton - Apprentice Riding Mentor assisting Ms McCall
PersonPresent:
Respondent:
StipendSteward:
raceid: 6e17ce8bec8e9d05464578b6d49f8566
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: cd83a652204043070d5e0e1104d20c4f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/01/2021
meet_title: Hawkes Bay RI - 1 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: BMainwaring
meet_pm2: none
name: Hawkes Bay RI