Manawatu RC 26 July 2018 – R 8 – (heard 2 August 2018 at Hawera) – Chair, Mr N McCutcheon

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startdate: 26/07/2018

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hearing_title: Manawatu RC 26 July 2018 - R 8 - (heard 2 August 2018 at Hawera) - Chair, Mr N McCutcheon

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr D Balcombe, Stipendiary Steward
Respondent: Ms C O’Beirne, Licensed Apprentice Jockey
Information No: A9233
Meeting: Manawatu Racing Club
Date: 26 July 2018 (heard 2 August 2018 at Hawera)
Venue: Awapuni
Race: 8
Rule No:638(3)(b)(ii)
Judicial Committee: Mr N McCutcheon, Chair – Mr T Bird, Committee Member
Also Present: Ms L Allpress, Licensed Jockey assisting Ms O’Beirne
Charge: Excessive use of the whip
Plea: Admitted

The Charge

(1) Information No. A9233 alleges that

Ms O’Beirne used her whip excessively prior to the 100m without the necessary respite on her mount BELLE CANTO in Race 8 (The Oaks Stud Handicap) at the Manawatu RC Meeting on 26 July 2018.

(2) Mr Balcombe confirmed that he had approval from the RIU Management to prefer the charge.

The Rules

Rule 638(3)(b)(ii) 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” provides:
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.

The Plea
(3) Ms O’Beirne had signed the Information that the breach was admitted.

Facts
(4) On 26 July 2018 Ms O’Beirne was the Rider of BELLE CANTO in Race 8 The Oaks Stud Handicap at the Manawatu RC and was placed third in the event.

Informant’s Evidence
(5) Mr Balcombe showed all film replays of the race in question, identified Ms O’Beirne and her mount BELLE CANTO and said that prior to the 100m the film evidence was that Ms O’Beirne had struck her mount with the whip 9 times without the required respite being given.

Respondent's Evidence

(6) Ms Allpress assisting Ms O’Beirne said that Ms O’Beirne has been working very hard on the whip aspect of race-riding. She said that she is very good at the Apprentice School and that she had obviously forgotten on this occasion. Ms Allpress added that the “puggy” ground would not have helped.

(7) Ms O’Beirne said that it was an error of judgement on her part. She said that she thought that she was actually closer to the winning post when she started to use the whip.

Decision
(8) As Ms O’Beirne admitted the breach of excessive use of the whip the charge was found to be proved.

Submissions of Informant on Penalty
(9) Mr Balcombe said that Ms O’Beirne had clearly used the whip excessively, and had previously breached the Rule on 5 July 2018 when a fine of $300 was imposed. He invited the Committee to consider imposing a fine for this latest breach.

Respondent’s Submission on Penalty
(10) Ms Allpress invited the Committee to take into account that Ms O’Beirne is an Apprentice Jockey and trying very hard to get her whip use in order. She submitted that a fine of $300 would be appropriate.

Reasons for Penalty
(11) Taking into account the JCA Penalty Guide of a $500 fine for a second breach of the Rule, the Committee could not see any valid reason why it should depart from that level of penalty.

Penalty
(12) Ms O’Beirne was fined $500.

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hearing_type: Old Hearing

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

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