Hawkes Bay RI 30 June 2012 – R 3
ID: JCA10940
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 30 June 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2012/06/30
Race Number:
Race 1
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Cully is fined the sum of $150.
Charge:
Following Race 3, Licensed Jockey R Cully was charged with an alleged breach of Rule 638(2). The information stated: ”R Cully made a celebratory gesture prior to the finish.”
Rule 638(2) states:
“A Rider shall not make a celebratory gesture prior to his horse passing the winning post.”
Facts:
Mr Cully indicated to the committee that he understood Rule 638(2), and that he admitted the breach.
Using the films, Mr Goodwin pointed out Mr Cully making a celebratory gesture prior to the winning post. Whilst it was not a whip flourish, Mr Cully punched the air with his inside hand. It was established that this occurred approximately 1½ to 2 strides before the winning post. Mr Cully did not wish to comment.
Submissions for Penalty:
Stipendiary Steward Mr Goodwin submitted a fine of $100 was appropriate as Mr Cully had not been charged under this rule previously. The Chairman indicated that the current JCA Penalty Guidelines adopted a starting point of a $300 fine for a breach of this rule. Mr Goodwin submitted that stipendiary stewards had taken into account the present economic climate in submitting a quantum as to monetary penalties. Mr Cully did not believe a $300 fine was appropriate but concurred with Mr Goodwin’s submission of a $100 fine.
Reasons for Penalty:
The committee accepted that there was an element of excitement for Mr Cully as a result of his win in this race. Mr Cully did not undertake a whip flourish, but a subtle fist pump which, while understandable, is still unacceptable as the rule does not permit a celebratory gesture prior to the winning post. The rule exists for safety reasons, and to also provide connections and the betting public with a level of comfort that nothing untoward might occur over the concluding stages of a race as a result of a rider’s lack of control of their mount. The JCA Penalty Guidelines currently indicate a starting point of a $300 fine. The committee examined previous penalties under this rule within the last 12 months and noted that a fine of $200 was imposed for a breach of this rule for a Premier Jumping Race in September 2011. The committee gave favourable consideration to Mr Cully’s early admittance of the breach and the subtle nature of his celebratory gesture.
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: 079478458c584e19b99906b8bce4b8cf
informantnumber: A3162
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 15/06/2012
hearing_title: Hawkes Bay RI 30 June 2012 - R 3
charge:
Following Race 3, Licensed Jockey R Cully was charged with an alleged breach of Rule 638(2). The information stated: ”R Cully made a celebratory gesture prior to the finish.”
Rule 638(2) states:
“A Rider shall not make a celebratory gesture prior to his horse passing the winning post.”
facts:
Mr Cully indicated to the committee that he understood Rule 638(2), and that he admitted the breach.
Using the films, Mr Goodwin pointed out Mr Cully making a celebratory gesture prior to the winning post. Whilst it was not a whip flourish, Mr Cully punched the air with his inside hand. It was established that this occurred approximately 1½ to 2 strides before the winning post. Mr Cully did not wish to comment.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Stipendiary Steward Mr Goodwin submitted a fine of $100 was appropriate as Mr Cully had not been charged under this rule previously. The Chairman indicated that the current JCA Penalty Guidelines adopted a starting point of a $300 fine for a breach of this rule. Mr Goodwin submitted that stipendiary stewards had taken into account the present economic climate in submitting a quantum as to monetary penalties. Mr Cully did not believe a $300 fine was appropriate but concurred with Mr Goodwin’s submission of a $100 fine.
reasonsforpenalty:
The committee accepted that there was an element of excitement for Mr Cully as a result of his win in this race. Mr Cully did not undertake a whip flourish, but a subtle fist pump which, while understandable, is still unacceptable as the rule does not permit a celebratory gesture prior to the winning post. The rule exists for safety reasons, and to also provide connections and the betting public with a level of comfort that nothing untoward might occur over the concluding stages of a race as a result of a rider’s lack of control of their mount. The JCA Penalty Guidelines currently indicate a starting point of a $300 fine. The committee examined previous penalties under this rule within the last 12 months and noted that a fine of $200 was imposed for a breach of this rule for a Premier Jumping Race in September 2011. The committee gave favourable consideration to Mr Cully’s early admittance of the breach and the subtle nature of his celebratory gesture.
penalty:
Mr Cully is fined the sum of $150.
hearing_type: Hearing
Rules: Rule 638(2)
Informant:
JockeysandTrainer: Mr R Cully - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b9d95c4fc73ae0a3b319e82ab381aaed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7d93628b38737bb9bae18bb7ada6ccd8
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/06/2012
meet_title: Hawkes Bay RI - 30 June 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "380", "Total": "235.6", "kmprice": 235.59999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Hawkes Bay RI