Hawkes Bay RI 18 April 2015 – R 8 (heard on 23 April 2015 at Wanganui)

hearingid: 1da9e47d7c33e80915c0ae86b05ef8fb

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 18/04/2015

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Hawkes Bay RI 18 April 2015 - R 8 (heard on 23 April 2015 at Wanganui)

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Hawkes Bay RI 18 April 2015 - R 8 – Hearing held at Wanganui 23 April 2015

Informant: Mr N Goodwin Stipendiary Steward

Respondent: Ms K Chiong – Apprentice Jockey

Venue: Hastings

Judicial Committee: P Williams, Chair - N McCutcheon, Committee Member

Rule: 638 (3)(b) – Excessive Use of the Whip

Also Present: Mr A Sharrock – Licensed Trainer and Ms Chiong’s Employer

Plea: Admitted

FACTS

Following the running of race 8, the Group 3 “Winning Edge Presentations Hawkes Bay Gold Cup”, Information A2720 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(3)(b). The information stated “Apprentice K Chiong (Blathwayt) used her whip excessively prior to the 200 metres”. Ms Chiong signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule under which she was charged.

Rule 638 (3)(b) states “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.

Mr Goodwin confirmed the Information related to the “excessive” component of the Rule.

EVIDENCE

Mr Goodwin showed the side-on view of the final 350m of the race and identified Ms Chiong on “Blathwayt”. Mr Goodwin said from the top of the straight to the 200m point Ms Chiong struck her horse approximately 14 times with one brief pause early on in the count which was in breach of the “6 on / 6 off” guideline used by Stewards. Mr Goodwin confirmed that Ms Chiong had finished 4th.

Ms Chiong said the race being a Group 3 race was the biggest she had ever ridden in and she simply got excited thinking she was going to win the race or finish in a good placing. These comments were supported by Mr Sharrock who said Ms Chiong had recently returned to riding after a lengthy lay-off due to a hand injury and got caught up in the excitement of possibly winning her first Group race.

DECISION

As Ms Chiong admitted the breach the charge was found proved.

SUBMISSIONS ON PENALTY

Mr Goodwin said Ms Chiong had previously breached the “excessive” component of this Rule on 17 May 2014 when she was fined $500 and on 26 April 2014 when she was fined $350. He said the charge today was in a Group 3 Race and he agreed with Mr Sharrock that it arose because Ms Chiong had got excited about the possibility of winning such a Race. He said that whilst Ms Chiong’s two most recent breaches were nearly 12 months ago she had spent several weeks recently on the sidelines and had only just returned to raceday riding and as this was her third breach within the last 12 months he submitted a fine of $500 was an appropriate penalty.

Mr Sharrock reiterated his comments about Ms Chiong getting excited about possibly winning her first Group race but accepted she had breached the “6 on / 6 off “ guidelines.

REASONS FOR PENALTY

The Committee has reviewed the film of the race from prior to the 350m mark to the 200m mark and taken into account the submissions made. The Committee notes Ms Chiong struck her horse 14 times from the top of the straight to the 200m mark with one brief pause early on in the count. The Committee therefore believes the severity of the breach is in the low-mid range.

The Committee has given consideration to Ms Chiong’s admittance of the breach of the Rule but also notes that this is her third excessive use of the whip charge in the past 12 months, accepting that the last two charges were nearly 12 months ago. However, the breach of the Rule in May 2014 was her fourth such breach in the previous 12 months and it is of some concern that on her second day back from an enforced lay off due to a hand injury she has again breached this Rule. “Blathwayt” finished fourth and earned stake money of $3,750. Whilst it is a matter of conjecture as to whether the horse would have finished in such a placing had Ms Chiong not used her whip excessively prior to the 200m, there might well be a perception that she gained an unfair advantage by using the whip in the way she did over other jockeys in the race who did not breach the “6 on / 6 off “ guideline prior to the 200m mark.

The Committee notes that the starting point for a second breach of the Rule within a 12 month period is a fine of $500. We have reviewed penalties for recent breaches of the Rule to ensure we are consistent as is possible with those previous penalties. We also note that Apprentice Jockey N Teeluck was also charged with excessive use of the whip in the same race, it being his third whip related charge in the previous 12 months, and was fined $500. Finally, any penalty given must act as a deterrent to others and send a clear message that future breaches of this Rule will result in a significant penalty.

PENALTY

The Committee believes on this occasion a fine is an appropriate penalty. Having taken into account all of the matters detailed above Ms Chiong is fined $500.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 638(3)(b)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: