Hawke’s Bay RI 27 April 2019 – R 7 – Chair, Mrs N Moffatt
ID: JCA13898
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 27 April 2019
Meet Chair:
NMoffatt
Meet Committee Member 1:
TCastles
Race Date:
2019/04/27
Race Number:
R7
Decision:
As Mr Bradley admitted the breach the charge was found to be proved.
Penalty:
Accordingly, Mr Bradley’s jockey’s license is suspended from the close of racing today, Saturday, April 27th up to and including racing on Wednesday, May 8th 2019.
Facts:
Following Race 7 (Hawke’s Bay Breeders Association 1200) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that jockey D Bradley used his whip excessively prior to the 100m.
Rule 638(3) (b) 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.
At the outset of the hearing Mr Bradley confirmed that he understood the charge and that he admitted the breach.
Mr Balcombe played the videos several times and counted the number of strikes by Mr Bradley from the 300m to the 100m mark. The consensus was that Mr Bradley used his whip 12 times without the required respite. Mr Bradley agreed with this calculation by the stewards.
Submissions for Penalty:
Mr Balcombe produced Mr Bradley’s record in respect of excessive use of the whip and today's breach amounted to his third in 12 months. The Stewards' submission was for a suspension in line with the Penalty Guide for Judicial Committees.
Mr Bradley said the rules were the rules and, in the event of a suspension being imposed, did not seek a deferment.
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 or subsequent breach 6-8 national riding days
In determining the penalty, the Committee adopted a starting point of 6-8 national riding days.
Mr Bradley won the race, but on this occasion, we did not consider it an aggravating factor as he won by a margin of 3 lengths. We identified no other aggravating factors.
Mr Bradley’s whip use was not overly forceful, and he did not use the whip continuously. He was in fact only outside the guidelines by one or possibly two strides. We place the breach at the lowest end and impose a suspension of 6 days.
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: 7e13f2cd18d4fe2a353a5bf4b35bd4cf
informantnumber: A9247
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/04/2019
hearing_title: Hawke’s Bay RI 27 April 2019 – R 7 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 7 (Hawke’s Bay Breeders Association 1200) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that jockey D Bradley used his whip excessively prior to the 100m.
Rule 638(3) (b) 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.
At the outset of the hearing Mr Bradley confirmed that he understood the charge and that he admitted the breach.
Mr Balcombe played the videos several times and counted the number of strikes by Mr Bradley from the 300m to the 100m mark. The consensus was that Mr Bradley used his whip 12 times without the required respite. Mr Bradley agreed with this calculation by the stewards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bradley admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Balcombe produced Mr Bradley’s record in respect of excessive use of the whip and today's breach amounted to his third in 12 months. The Stewards' submission was for a suspension in line with the Penalty Guide for Judicial Committees.
Mr Bradley said the rules were the rules and, in the event of a suspension being imposed, did not seek a deferment.
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 or subsequent breach 6-8 national riding days
In determining the penalty, the Committee adopted a starting point of 6-8 national riding days.
Mr Bradley won the race, but on this occasion, we did not consider it an aggravating factor as he won by a margin of 3 lengths. We identified no other aggravating factors.
Mr Bradley’s whip use was not overly forceful, and he did not use the whip continuously. He was in fact only outside the guidelines by one or possibly two strides. We place the breach at the lowest end and impose a suspension of 6 days.
penalty:
Accordingly, Mr Bradley’s jockey’s license is suspended from the close of racing today, Saturday, April 27th up to and including racing on Wednesday, May 8th 2019.
hearing_type: Hearing
Rules: Rule 638(3) (b) (ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr D Bradley - Licensed Class A Rider
Otherperson: Mr N Goodwin -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5cb3b2b0350b2250f8a8bb0a5c031a88
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0e3de02cef6ce38acd1fc4c025bb6a7d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2019
meet_title: Hawkes Bay RI - 27 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TCastles
meet_pm2: none
name: Hawkes Bay RI