Matamata RC 19 December 2018 – R 1 – Chair, Mr A Dooley
ID: JCA12953
Code:
Thoroughbred
Meet Title:
Matamata RC - 19 December 2018
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2018/12/19
Race Number:
R1
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Danis was fined $500.
In conclusion the Committee advised Mr Danis that a 3rd breach of this Rule would result in a suspension and the reset period for his excessive whip record is 12 months.
Facts:
Following the running of race 1, STIHL SHOP MATAMATA, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Mr Danis used the whip excessively on his mount IMELDA MARY prior to the 100 metres.
Mr Danis said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Danis at the hearing.
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.
Mr Coles demonstrated the incident using the available video footage. He identified Mr Danis and showed that he struck his mount on 10 occasions prior to the 100 metres. He said there were pauses for 3 or 4 strides but not the required 5 strides.
Mr Danis accepted Mr Coles’ interpretation of the breach and had nothing to add.
Mr Harris said Mr Danis’ style was neat and tidy and the strikes were not aggressive.
Submissions for Penalty:
Mr Jones said that Mr Danis breached this Rule on 8 April 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine.
Mr Danis had no submission on penalty.
Mr Harris asked for leniency in penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case.
There were no aggravating factors.
The video films showed that Mr Danis’ use of the whip was not continuous or forceful.
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: 6dd2f7090f4da8d57613a68981f6349a
informantnumber: A09663
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/12/2018
hearing_title: Matamata RC 19 December 2018 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, STIHL SHOP MATAMATA, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Mr Danis used the whip excessively on his mount IMELDA MARY prior to the 100 metres.
Mr Danis said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Danis at the hearing.
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.
Mr Coles demonstrated the incident using the available video footage. He identified Mr Danis and showed that he struck his mount on 10 occasions prior to the 100 metres. He said there were pauses for 3 or 4 strides but not the required 5 strides.
Mr Danis accepted Mr Coles’ interpretation of the breach and had nothing to add.
Mr Harris said Mr Danis’ style was neat and tidy and the strikes were not aggressive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Danis breached this Rule on 8 April 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine.
Mr Danis had no submission on penalty.
Mr Harris asked for leniency in penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case.
There were no aggravating factors.
The video films showed that Mr Danis’ use of the whip was not continuous or forceful.
penalty:
Accordingly, Mr Danis was fined $500.
In conclusion the Committee advised Mr Danis that a 3rd breach of this Rule would result in a suspension and the reset period for his excessive whip record is 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr D Danis - Apprentice Jockey
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a60ed79213a67bce236da1137139ee1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 33236eb6d1d940cb488a4966f307bbe1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/12/2018
meet_title: Matamata RC - 19 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Matamata RC