Marton JC 16 September 2017 – R 6 – Chair, Mr T Utikere
ID: JCA13187
Code:
Thoroughbred
Meet Title:
Marton JC - 16 September 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2017/09/16
Race Number:
R5
Decision:
As the charge was admitted, the committee deemed the charge proved.
Penalty:
As this is Mr Allan's second breach, he is fined $500.
Facts:
Following the running of Race 7 (BOEHRINGER INGELHEIM METRIC MILE) Information A8787 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that: "That jockey T Allan used his whip excessively prior to the 100m without the necessary respite." The Information was unsigned and had no indication as to the Respondent's plea".
Rule 638(3)states: "A rider shall not:...(b) strike a horse with a whip in a manner or to an extent which is:...(ii) excessive".
The Rule and Penalty Whip Guidelines were read to the hearing after Mr Allan identified that he did not understand the rule. Once the rule and Whip Use Guidelines were explained to Mr Allan by the Judicial Committee, Mr Allan advised that he admitted the breach.
Using the available films, Mr Balcombe identified OUR BANDIT (Mr Allan) as the field entered the home straight. He counted Mr Allan using his whip nine times without the necessary respite prior to the final 100 metres.
Mr Allan advised that it was difficult for a jockey during a race as there were other things to concentrate on whilst riding. He also said that he had told people that he could not improve with regard to his whip use as this expectation was proving difficult.
Submissions for Penalty:
In presenting Mr Allan's record, Mr Goodwin identified that this was Mr Allan's second breach and suggested that Mr Allan may want the opportunity to seek a period of suspension as a penalty.
Mr Allan told the committee that all the system was doing was punishing him. He believed that the fine levels for whip use were the same as in Australia, but that the fines here were disproportionate as the prize money in Australia was much higher than in New Zealand. He made the observation that he was only getting in debt by continuing to ride, and asked for a $25 fine.
In response to a question from the committee he confirmed that he was not seeking a period of suspension as initially suggested by Mr Goodwin.
Reasons for Penalty:
The Judicial Committee considered all of the submissions placed before it. It is clear from the films that Mr Allan used his whip on OUR BANDIT nine times without the required pause prior to the 100 metres. Mr Allan has identified that as a rider who has recently returned to Raceday riding, adapting to the new guidelines is proving difficult. While we accept that that might be the case, the rules must apply to all licensed riders. It will be Mr Allan's responsibility to gain assistance or adopt strategies to try and help him ride within the Whip Use Guidelines.
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: 5008e3e7b3107cfe3ae3c36fed342be6
informantnumber: A8787
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2017
hearing_title: Marton JC 16 September 2017 - R 6 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (BOEHRINGER INGELHEIM METRIC MILE) Information A8787 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that: "That jockey T Allan used his whip excessively prior to the 100m without the necessary respite." The Information was unsigned and had no indication as to the Respondent's plea".
Rule 638(3)states: "A rider shall not:...(b) strike a horse with a whip in a manner or to an extent which is:...(ii) excessive".
The Rule and Penalty Whip Guidelines were read to the hearing after Mr Allan identified that he did not understand the rule. Once the rule and Whip Use Guidelines were explained to Mr Allan by the Judicial Committee, Mr Allan advised that he admitted the breach.
Using the available films, Mr Balcombe identified OUR BANDIT (Mr Allan) as the field entered the home straight. He counted Mr Allan using his whip nine times without the necessary respite prior to the final 100 metres.
Mr Allan advised that it was difficult for a jockey during a race as there were other things to concentrate on whilst riding. He also said that he had told people that he could not improve with regard to his whip use as this expectation was proving difficult.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
In presenting Mr Allan's record, Mr Goodwin identified that this was Mr Allan's second breach and suggested that Mr Allan may want the opportunity to seek a period of suspension as a penalty.
Mr Allan told the committee that all the system was doing was punishing him. He believed that the fine levels for whip use were the same as in Australia, but that the fines here were disproportionate as the prize money in Australia was much higher than in New Zealand. He made the observation that he was only getting in debt by continuing to ride, and asked for a $25 fine.
In response to a question from the committee he confirmed that he was not seeking a period of suspension as initially suggested by Mr Goodwin.
reasonsforpenalty:
The Judicial Committee considered all of the submissions placed before it. It is clear from the films that Mr Allan used his whip on OUR BANDIT nine times without the required pause prior to the 100 metres. Mr Allan has identified that as a rider who has recently returned to Raceday riding, adapting to the new guidelines is proving difficult. While we accept that that might be the case, the rules must apply to all licensed riders. It will be Mr Allan's responsibility to gain assistance or adopt strategies to try and help him ride within the Whip Use Guidelines.
penalty:
As this is Mr Allan's second breach, he is fined $500.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr N Goodwin - Sitpendiary Steward
JockeysandTrainer: Mr T Allan - Licensed Rider
Otherperson: Mr D Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9eb535d2eaeee898de22cd070db1a961
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9730a871a06d24607985e9bf8c1955d2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2017
meet_title: Marton JC - 16 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marton-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Marton JC