Hawke’s Bay RI 5 October 2019 – R 1 – Chair, Mrs N Moffatt
ID: JCA13996
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 5 October 2019
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2019/10/05
Race Number:
R 1
Decision:
As Mr Parkes admitted the breach, the charge was deemed proved.
Penalty:
Accordingly, Mr Parkes is fined the sum of $500.
Facts:
Following Race 1(Bay Ford NZ Punter Of The Year), Mr Oatham lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that J Parkes used his whip excessively, the 100m, on his mount SOLESEFEI.
At the outset of the hearing Mr Parkes confirmed that he understood the Rule and that he admitted the breach.
Mr Oatham played the side and head-on films of the race and counted where Mr Parkes struck his mount 8 times prior to the 100m without the required respite.
Mr Parkes agreed that he had used the whip that many times.
Submissions for Penalty:
Mr Oatham produced Mr Parkes’ record, which showed one previous charge within the last 12 months. On that occasion (10/11/18) Mr Parkes was suspended for 8 days. Mr Oatham submitted that an appropriate penalty for today’s breach would be a fine aligned with the Judicial Penalty Guidelines.
Mr Parkes concurred with the Stewards’ penalty submissions and had nothing further to add.
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 fine
2nd breach - $500 fine
3rd or subsequent breach - 6-8 national riding days
It was not contested that Mr Parkes used his whip 8 times before the last 100 metres and both film angles confirmed this number. The Committee took into account the fact that the strikes were not continuous but Mr Parkes failed to give the required 5-stride respite. We note that this was Mr Parkes second breach within the last 12 months.
There were no aggravating factors requiring an uplift from the starting point.
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: 88f81f4d6d65e3f25c61f6dbf743790e
informantnumber: A11521
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/10/2019
hearing_title: Hawke's Bay RI 5 October 2019 - R 1 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 1(Bay Ford NZ Punter Of The Year), Mr Oatham lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that J Parkes used his whip excessively, the 100m, on his mount SOLESEFEI.
At the outset of the hearing Mr Parkes confirmed that he understood the Rule and that he admitted the breach.
Mr Oatham played the side and head-on films of the race and counted where Mr Parkes struck his mount 8 times prior to the 100m without the required respite.
Mr Parkes agreed that he had used the whip that many times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Parkes admitted the breach, the charge was deemed proved.
sumissionsforpenalty:
Mr Oatham produced Mr Parkes’ record, which showed one previous charge within the last 12 months. On that occasion (10/11/18) Mr Parkes was suspended for 8 days. Mr Oatham submitted that an appropriate penalty for today’s breach would be a fine aligned with the Judicial Penalty Guidelines.
Mr Parkes concurred with the Stewards’ penalty submissions and had nothing further to add.
reasonsforpenalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300 fine
2nd breach - $500 fine
3rd or subsequent breach - 6-8 national riding days
It was not contested that Mr Parkes used his whip 8 times before the last 100 metres and both film angles confirmed this number. The Committee took into account the fact that the strikes were not continuous but Mr Parkes failed to give the required 5-stride respite. We note that this was Mr Parkes second breach within the last 12 months.
There were no aggravating factors requiring an uplift from the starting point.
penalty:
Accordingly, Mr Parkes is fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Class A Rider
Otherperson: Mr D Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6fe3bd8d58f8f70c05b3bd93ae3a54b3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d02c4d82dfe3cdd32d1da6859395f895
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/10/2019
meet_title: Hawkes Bay RI - 5 October 2019
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