Levin RC 26 September 2013 – R 7
ID: JCA15082
Code:
Thoroughbred
Meet Title:
Levin RC - 26 September 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
NMoffatt
Race Date:
2013/09/26
Race Number:
R7
Decision:
Penalty:
Charge:
Following the running of race 7 the “Madge Coachlines Maiden”, Information A4083 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(3)(b). The information stated “A Taylor the rider of “Zinika” used her whip excessively prior to the 200 metres”. Ms Taylor 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 above Rule.
Facts:
Mr Goodwin using the side-on film showed the race from just prior to turning into the home straight. He said Ms Taylor was leading the race and from the top of the straight to the 200m mark she struck her horse 12 times without a break. He also said Ms Taylor had gone on to win the race.
Mr Walsh, on behalf of Ms Taylor, agreed that Ms Taylor had struck her horse 12 times but said there were two brief occasions when respite was given. He conceded, however, Ms Taylor had “not quite got it right” when using her whip prior to the 200m mark and had not complied with the “6 on 6 off” provisions as stated in the use of whip guidelines. Ms Taylor, to a question from the Committee, confirmed she was aware of those guidelines.
Mr Goodwin asked Mr Walsh if he agreed with the Stipendiary Stewards’ view that Ms Taylor may have gained an unfair advantage over the other riders in the race through her using the whip outside of the accepted guidelines. Mr Walsh indicated the comment did have merit.
Submissions for Penalty:
Mr Goodwin said Ms Taylor had not been charged under this Rule in the previous 12 months. He said that Ms Taylor’s use of the whip was clearly outside the published guidelines on the use of the whip and she had gone on to win the race. He said normally he would submit that an appropriate penalty would be a $200 fine but in this case because Ms Taylor went on to win the race a fine of $300 was an appropriate penalty.
Mr Walsh said it was a very good ride by Ms Taylor and simply a matter of a jockey getting a bit carried away in the excitement of the moment.
Reasons for Penalty:
The Committee has reviewed the film of the race from the top of the straight to the 200m mark and taken into account the submissions of Mr Goodwin, Ms Taylor and Mr Walsh. The film shows Ms Taylor did strike her horse 12 times with the whip from the top of the straight to the 200m mark. The strikes were not continuous as there were two pauses, albeit brief ones, early on in the count. We therefore believe the severity of the breach of the Rule is at the low end. Ms Taylor is a promising apprentice and has not breached this Rule in the previous 12 months. We also note Ms Taylor readily admitted the breach of the Rule and was attentive to, and accepting of, the helpful advice given to her by Mr Walsh during the hearing.
The JCA’s Penalty Guidelines state that for the first breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $300. We have also considered the range of penalties given over the past 18 months for similar breaches of this Rule. The JCA’s list of penalties that have been imposed includes at least 9 cases where a winning jockey has been charged with excessive use of the whip. The fines given to those 9 range from $150 to $300.
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: a43ddfc5364e87c05e35a8a19ce3bf08
informantnumber: A4083
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Levin RC 26 September 2013 - R 7
charge:
Following the running of race 7 the “Madge Coachlines Maiden”, Information A4083 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(3)(b). The information stated “A Taylor the rider of “Zinika” used her whip excessively prior to the 200 metres”. Ms Taylor 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 above Rule.
facts:
Mr Goodwin using the side-on film showed the race from just prior to turning into the home straight. He said Ms Taylor was leading the race and from the top of the straight to the 200m mark she struck her horse 12 times without a break. He also said Ms Taylor had gone on to win the race.
Mr Walsh, on behalf of Ms Taylor, agreed that Ms Taylor had struck her horse 12 times but said there were two brief occasions when respite was given. He conceded, however, Ms Taylor had “not quite got it right” when using her whip prior to the 200m mark and had not complied with the “6 on 6 off” provisions as stated in the use of whip guidelines. Ms Taylor, to a question from the Committee, confirmed she was aware of those guidelines.
Mr Goodwin asked Mr Walsh if he agreed with the Stipendiary Stewards’ view that Ms Taylor may have gained an unfair advantage over the other riders in the race through her using the whip outside of the accepted guidelines. Mr Walsh indicated the comment did have merit.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Goodwin said Ms Taylor had not been charged under this Rule in the previous 12 months. He said that Ms Taylor’s use of the whip was clearly outside the published guidelines on the use of the whip and she had gone on to win the race. He said normally he would submit that an appropriate penalty would be a $200 fine but in this case because Ms Taylor went on to win the race a fine of $300 was an appropriate penalty.
Mr Walsh said it was a very good ride by Ms Taylor and simply a matter of a jockey getting a bit carried away in the excitement of the moment.
reasonsforpenalty:
The Committee has reviewed the film of the race from the top of the straight to the 200m mark and taken into account the submissions of Mr Goodwin, Ms Taylor and Mr Walsh. The film shows Ms Taylor did strike her horse 12 times with the whip from the top of the straight to the 200m mark. The strikes were not continuous as there were two pauses, albeit brief ones, early on in the count. We therefore believe the severity of the breach of the Rule is at the low end. Ms Taylor is a promising apprentice and has not breached this Rule in the previous 12 months. We also note Ms Taylor readily admitted the breach of the Rule and was attentive to, and accepting of, the helpful advice given to her by Mr Walsh during the hearing.
The JCA’s Penalty Guidelines state that for the first breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $300. We have also considered the range of penalties given over the past 18 months for similar breaches of this Rule. The JCA’s list of penalties that have been imposed includes at least 9 cases where a winning jockey has been charged with excessive use of the whip. The fines given to those 9 range from $150 to $300.
penalty:
hearing_type: Hearing
Rules: 638 (3)(b)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Ms A Taylor - Licensed Apprentice Jockey
Otherperson: Mr D Walsh - Licensed Jockey (Assisting Ms Taylor)
PersonPresent:
Respondent:
StipendSteward:
raceid: a5edd84d703e63df5a1ac93e681c39fa
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: 897be30fe0ee3390026ecd44cafbc17d
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/09/2013
meet_title: Levin RC - 26 September 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "130", "Total": "80.6", "kmprice": 80.599999999999994, "Approved": "on"}]
meet_otherexp:
tracklocation: levin-rc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: NMoffatt
meet_pm2: none
name: Levin RC