Archive Decision

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Hawkes Bay RI 20 September 2014 – R 2

ID: JCA13430

Applicant:
Mr R Neal - Co-Chief Stipendiary Steward

Respondent(s):
Mr J Parkes - Licensed Rider

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A3316

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 20 September 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2014/09/20

Race Number:
R 2

Decision:

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

Penalty:

Balancing up all of the relevant factors it was our opinion that a monetary penalty of $400 was an appropriate penalty.

Accordingly Mr Parkes is fined the sum of $400.

Facts:

Following Race 2, the Bay Ford Punter Of The Year October 4th Stayers, an information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that J Parkes used his whip excessively in his riding of O’CEIRINS SECRET prior to the 200 metres.

Mr Oatham played the head-on view of the race and identified Mr Parkes out wide on the track riding O’CEIRINS SECRET. From the bend until the 200m mark Mr Oatham counted Mr Parkes strike his mount nine times without the required respite. He then went on to win the race. Mr Parkes accepted Mr Oatham’s interpretation of the films and had nothing further to add.

Submissions for Penalty:

Mr Neal presented Mr Parkes’ riding record in regard to excessive use of the whip. On March 15th this year Mr Parkes was fined the sum of $1000 for excessive use in the New Zealand Oaks at Trentham. He also incurred fines of $550 and $250 respectively in December and October of last year.

Mr Neal’s submission was for a monetary penalty between $400 and $500. He said the breach today was at the lower end and that Mr Parkes deserved some credit for having had a clear record since March. An aggravating factor was that he won the race.

Mr Parkes had no submissions to make on penalty only to explain that he thought he had reached the 200m earlier than he did.

Reasons for Penalty:

The committee took into account all of the submissions and referred also to the penalty guide. The recommended starting point for a second breach within a year is a suspension of two riding days or a $500 fine. Mr Parkes has one previous charge, in March of this year, however having regard to the number of rides he has, we consider this to be a good record and we have given him credit for that. Further mitigating factors were Mr Parkes’ admission of the breach and the low-end nature of the charge. An aggravating factor was the winning of the race however Mr Parkes used the whip only three times over the guidelines so it is difficult to estimate how much effect this had on the outcome of the race.

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: 3671d01f269689d4738c56cfcff27573


informantnumber: A3316


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2014


hearing_title: Hawkes Bay RI 20 September 2014 - R 2


charge:


facts:

Following Race 2, the Bay Ford Punter Of The Year October 4th Stayers, an information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that J Parkes used his whip excessively in his riding of O’CEIRINS SECRET prior to the 200 metres.

Mr Oatham played the head-on view of the race and identified Mr Parkes out wide on the track riding O’CEIRINS SECRET. From the bend until the 200m mark Mr Oatham counted Mr Parkes strike his mount nine times without the required respite. He then went on to win the race. Mr Parkes accepted Mr Oatham’s interpretation of the films and had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Neal presented Mr Parkes’ riding record in regard to excessive use of the whip. On March 15th this year Mr Parkes was fined the sum of $1000 for excessive use in the New Zealand Oaks at Trentham. He also incurred fines of $550 and $250 respectively in December and October of last year.

Mr Neal’s submission was for a monetary penalty between $400 and $500. He said the breach today was at the lower end and that Mr Parkes deserved some credit for having had a clear record since March. An aggravating factor was that he won the race.

Mr Parkes had no submissions to make on penalty only to explain that he thought he had reached the 200m earlier than he did.


reasonsforpenalty:

The committee took into account all of the submissions and referred also to the penalty guide. The recommended starting point for a second breach within a year is a suspension of two riding days or a $500 fine. Mr Parkes has one previous charge, in March of this year, however having regard to the number of rides he has, we consider this to be a good record and we have given him credit for that. Further mitigating factors were Mr Parkes’ admission of the breach and the low-end nature of the charge. An aggravating factor was the winning of the race however Mr Parkes used the whip only three times over the guidelines so it is difficult to estimate how much effect this had on the outcome of the race.


penalty:

Balancing up all of the relevant factors it was our opinion that a monetary penalty of $400 was an appropriate penalty.

Accordingly Mr Parkes is fined the sum of $400.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr R Neal - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr J Parkes - Licensed Rider


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 12edfc17733c08b2b2b1577bc142d8ce


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c5a7f38a38eda5c23cb686516f1cff87


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/09/2014


meet_title: Hawkes Bay RI - 20 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Hawkes Bay RI