Hawke’s Bay RI – 1 July 2017 – R 9 – Chair, Mrs N Moffatt
ID: JCA16104
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 1 July 2017
Meet Chair:
NMoffatt
Meet Committee Member 1:
PWilliams
Race Date:
2017/07/01
Race Number:
R 9
Decision:
As Ms Hirini admitted the breach the charge was found to be proved.
Penalty:
Mr Breslin informed the Committee that Ms Hirini had riding commitments through until next Saturday. He said she rides frequently in the South Island but did not intend to ride at Te Aroha on July 9th or Avondale on July 10th.
Accordingly Ms Hirini is suspended from the close of racing on Saturday July 8th up to and including racing on Friday July 14th – in effect one riding day (South Canterbury 14/7/17).
Facts:
Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that D Hirini used her whip excessively on the horse (IN DREAMLAND) prior to the 200 metres.
Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."
Ms Hirini acknowledged she understood the rule and confirmed her admission of the breach. She was assisted at the hearing by her employer Mr Breslin.
Mr Goodwin used the head-on video to show the Committee where Ms Hirini had exceeded the whip guidelines. In the final straight she hit her mount a total of ten times prior to the 200m mark without the required respite.
Both Ms Hirini and Mr Breslin had no issues with the Stewards’ interpretation of the breach and calculation of whip use.
Submissions for Penalty:
Mr Goodwin initially submitted that Ms Hirini had faced a charge of unnecessary use of the whip at the Wairarapa race meeting in October last year however this was subsequently found to be a Stewards’ warning only. In relation to penalty for today’s breach Mr Goodwin said it sat at the lower end of the scale as Ms Hirini did not use the whip in a forceful manner.
Mr Breslin submitted that, on this occasion, a suspension be imposed instead of a monetary penalty.
Reasons for Penalty:
For a first breach of Rule 638(3) (b) (ii) the Penalty Guide for Judicial Committees provides a starting point of $500 or a 2 day suspension.
The guidelines state that a rider is permitted to use the whip six times and then must give six strides respite. Ms Hirini used her whip an extra four times over that allowed. Her strikes were not forceful and did not appear to be punishing the horse.
Taking into account the number of strikes and the manner in which Ms Hirini used the whip we formed the opinion that the breach was low level.
In response to Mr Breslin’s submissions the Committee considered a suspension an appropriate penalty. To reflect the low level nature of the breach, and Ms Hirini’s clear record under this rule, we reduced the starting point to that of one day. There were no aggravating factors.
JCA Decision Fields (raw)
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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: bca0abd3d8f9871ed730776625e23825
informantnumber: A8773
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/07/2017
hearing_title: Hawke's Bay RI - 1 July 2017 - R 9 - Chair, Mrs N Moffatt
charge:
facts:
Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that D Hirini used her whip excessively on the horse (IN DREAMLAND) prior to the 200 metres.
Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."
Ms Hirini acknowledged she understood the rule and confirmed her admission of the breach. She was assisted at the hearing by her employer Mr Breslin.
Mr Goodwin used the head-on video to show the Committee where Ms Hirini had exceeded the whip guidelines. In the final straight she hit her mount a total of ten times prior to the 200m mark without the required respite.
Both Ms Hirini and Mr Breslin had no issues with the Stewards’ interpretation of the breach and calculation of whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Hirini admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin initially submitted that Ms Hirini had faced a charge of unnecessary use of the whip at the Wairarapa race meeting in October last year however this was subsequently found to be a Stewards’ warning only. In relation to penalty for today’s breach Mr Goodwin said it sat at the lower end of the scale as Ms Hirini did not use the whip in a forceful manner.
Mr Breslin submitted that, on this occasion, a suspension be imposed instead of a monetary penalty.
reasonsforpenalty:
For a first breach of Rule 638(3) (b) (ii) the Penalty Guide for Judicial Committees provides a starting point of $500 or a 2 day suspension.
The guidelines state that a rider is permitted to use the whip six times and then must give six strides respite. Ms Hirini used her whip an extra four times over that allowed. Her strikes were not forceful and did not appear to be punishing the horse.
Taking into account the number of strikes and the manner in which Ms Hirini used the whip we formed the opinion that the breach was low level.
In response to Mr Breslin’s submissions the Committee considered a suspension an appropriate penalty. To reflect the low level nature of the breach, and Ms Hirini’s clear record under this rule, we reduced the starting point to that of one day. There were no aggravating factors.
penalty:
Mr Breslin informed the Committee that Ms Hirini had riding commitments through until next Saturday. He said she rides frequently in the South Island but did not intend to ride at Te Aroha on July 9th or Avondale on July 10th.
Accordingly Ms Hirini is suspended from the close of racing on Saturday July 8th up to and including racing on Friday July 14th – in effect one riding day (South Canterbury 14/7/17).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary steward
JockeysandTrainer: Ms D Hirini - Apprentice Rider
Otherperson: Mr M Breslin - Licensed Trainer assisting Ms Hirini
PersonPresent:
Respondent:
StipendSteward:
raceid: 928acc5a6b10d0461954b6bfb3031042
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: e5e81f06d90c49de8d1dfa18dd24648c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/07/2017
meet_title: Hawkes Bay RI - 1 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: PWilliams
meet_pm2: none
name: Hawkes Bay RI