Archive Decision

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Levin RC 30 November 2018 – R 4 – Chair, Mr N McCutcheon

ID: JCA18018

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr T K Allan - Licensed Jockey and Rider of BLONDLIGN

Information Number:
A8849

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Levin RC - 30 November 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
NMoffatt

Race Date:
2018/11/30

Race Number:
R 4

Decision:

As the charge was admitted it was deemed proved by the Committee.

Penalty:

Mr Allan was fined $500.

Facts:

Following the running of Race 4 (Summerset On The Coast 1200) Information No.A8849 was filed with the Judicial Committee. It was alleged by the Informant that Mr Allan used his whip excessively prior to the 100m.

Rule 638(3)(b)(ii) provides:

A rider shall not strike a horse with a whip in a manner or to an extent which is:

(ii) excessive

Mr Allan said that he understood the Rule, the Charge and confirmed that he admitted the breach.

Mr Oatham showed the film replays and said that prior to the 100m Mr Allan used his whip 8 times on BLONDLIGN albeit 2 of these strikes being on the shoulder. He added that the whip use was in breach of the whip guidelines of 5-on 5-off prior to the 100m.

Mr Allan agreed with the Stipendiary Steward’s interpretation of his whip use.

Submissions for Penalty:

Mr Oatham said that the record showed that Mr Allan had a prior breach of the Rule within the last 12 months that being in April 2018. He placed the whip use breach on this occasion in the lower-end category and reminded the Committee that the JCA starting point penalty for a second breach within 12 months was a fine of $500. He asked the Committee to take into account that the whip was not applied with undue force.

Mr Allan said that the record was correct and that he would be comfortable with a fine as opposed to a suspension. He said that it was some time since he was last charged with a breach of the Rule and that he did not hit his horse very hard.

Reasons for Penalty:

The films showed clearly that Mr Allan did strike his horse with the drawn whip on 8 occasions prior to reaching the 100m. They also showed that two of the strikes were on the shoulder and that the strikes were applied with moderate force. The JCA starting point for a second breach of the Rule within 12 months is a fine of $500. The Committee could not see any justification in departing from the starting point penalty.

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: e292353078c3b2b0844c0e148d4d3436


informantnumber: A8849


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/12/2018


hearing_title: Levin RC 30 November 2018 - R 4 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 4 (Summerset On The Coast 1200) Information No.A8849 was filed with the Judicial Committee. It was alleged by the Informant that Mr Allan used his whip excessively prior to the 100m.

Rule 638(3)(b)(ii) provides:

A rider shall not strike a horse with a whip in a manner or to an extent which is:

(ii) excessive

Mr Allan said that he understood the Rule, the Charge and confirmed that he admitted the breach.

Mr Oatham showed the film replays and said that prior to the 100m Mr Allan used his whip 8 times on BLONDLIGN albeit 2 of these strikes being on the shoulder. He added that the whip use was in breach of the whip guidelines of 5-on 5-off prior to the 100m.

Mr Allan agreed with the Stipendiary Steward’s interpretation of his whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed proved by the Committee.


sumissionsforpenalty:

Mr Oatham said that the record showed that Mr Allan had a prior breach of the Rule within the last 12 months that being in April 2018. He placed the whip use breach on this occasion in the lower-end category and reminded the Committee that the JCA starting point penalty for a second breach within 12 months was a fine of $500. He asked the Committee to take into account that the whip was not applied with undue force.

Mr Allan said that the record was correct and that he would be comfortable with a fine as opposed to a suspension. He said that it was some time since he was last charged with a breach of the Rule and that he did not hit his horse very hard.


reasonsforpenalty:

The films showed clearly that Mr Allan did strike his horse with the drawn whip on 8 occasions prior to reaching the 100m. They also showed that two of the strikes were on the shoulder and that the strikes were applied with moderate force. The JCA starting point for a second breach of the Rule within 12 months is a fine of $500. The Committee could not see any justification in departing from the starting point penalty.


penalty:

Mr Allan was fined $500.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr T K Allan - Licensed Jockey and Rider of BLONDLIGN


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1cd2e0a4bc919dcb362f43b81e956bf6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c2c5f5eedcbbd91b345b9e901aba9acf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/11/2018


meet_title: Levin RC - 30 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: levin-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: NMoffatt


meet_pm2: none


name: Levin RC