Matamata RC 29 December 2018 – R 2 – Chair, Mr N McCutcheon
ID: JCA17619
Code:
Thoroughbred
Meet Title:
Matamata RC - 29 December 2018
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2018/12/29
Race Number:
R 2
Decision:
As Mr Rusof has admitted the charge the Committee found the charge proved.
Penalty:
Mr Rusof was fined $750.
Facts:
Following the running of Race 2 (KR Bell Electrical 1200), Information No. A11078 was filed with the Judicial Committee. It was alleged by the Informant that Mr Rusof the rider of RAZ had used his whip with the arm above shoulder height.
Rule 638(3)(b)(ii) provides:
A rider shall not: (b) strike a horse with a whip in a manner or to an extent which is:
excessive
Mr Rusof had signed the Information that he did not wish to be present at the hearing and had also signed the Information that he admitted the breach.
Mr Oatham showed the Committee the film replays and said that Mr Rusof used the whip no less than 6 times with the arm above the shoulder. He said that the manner which the whip was used was designed to hurt the horse and that the overall manner of the whip use was of concern.
Submissions for Penalty:
Mr Williamson said that Mr Rusof’s record showed only one prior breach of the Rule with that being on 28 September 2018 when a $300 fine was imposed. He said that the whip arm was clearly above the shoulder and that the horse was running away from the strikes. He said that the horse was hit with significant force and that it was a poor look for New Zealand racing. He said that whips should be used to encourage a horse not to hurt them. Mr Williamson submitted that a fine would be an appropriate penalty and referred the Committee to the JCA Penalty Guidelines for a second breach of the Rule.
Mr Oatham said that he had told Mr Rusof what he could expect by way of penalty if he was to again breach the Rule in the near future.
Reasons for Penalty:
The Committee gave due consideration to all submissions. In fixing penalty the Committee had regard for the following matters:
• Mr Rusof’s good record
• The admittance of the breach
• The number of strikes with arm above shoulder (6)
• The significant force used
• Public perception
• Animal welfare
• JCA Penalty Guideline
After giving very careful consideration to all of those matters the Committee reached the conclusion that a fine of $750 was an appropriate penalty.
Decision Date: 01/01/2019
Publish Date: 01/01/2019
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: f9e9675eaf38d53d95d2be1e0223af88
informantnumber: A11078
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Exessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/01/2019
hearing_title: Matamata RC 29 December 2018 - R 2 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 2 (KR Bell Electrical 1200), Information No. A11078 was filed with the Judicial Committee. It was alleged by the Informant that Mr Rusof the rider of RAZ had used his whip with the arm above shoulder height.
Rule 638(3)(b)(ii) provides:
A rider shall not: (b) strike a horse with a whip in a manner or to an extent which is:
excessive
Mr Rusof had signed the Information that he did not wish to be present at the hearing and had also signed the Information that he admitted the breach.
Mr Oatham showed the Committee the film replays and said that Mr Rusof used the whip no less than 6 times with the arm above the shoulder. He said that the manner which the whip was used was designed to hurt the horse and that the overall manner of the whip use was of concern.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Rusof has admitted the charge the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Rusof’s record showed only one prior breach of the Rule with that being on 28 September 2018 when a $300 fine was imposed. He said that the whip arm was clearly above the shoulder and that the horse was running away from the strikes. He said that the horse was hit with significant force and that it was a poor look for New Zealand racing. He said that whips should be used to encourage a horse not to hurt them. Mr Williamson submitted that a fine would be an appropriate penalty and referred the Committee to the JCA Penalty Guidelines for a second breach of the Rule.
Mr Oatham said that he had told Mr Rusof what he could expect by way of penalty if he was to again breach the Rule in the near future.
reasonsforpenalty:
The Committee gave due consideration to all submissions. In fixing penalty the Committee had regard for the following matters:
• Mr Rusof’s good record
• The admittance of the breach
• The number of strikes with arm above shoulder (6)
• The significant force used
• Public perception
• Animal welfare
• JCA Penalty Guideline
After giving very careful consideration to all of those matters the Committee reached the conclusion that a fine of $750 was an appropriate penalty.
penalty:
Mr Rusof was fined $750.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7db8d78b9f3ad238fdaa724869694987
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef9c04af1912fe666a2929438d489a54
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2018
meet_title: Matamata RC - 29 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ADooley
meet_pm2: none
name: Matamata RC