Archive Decision

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Matamata RC 3 June 2015 – R 1

ID: JCA15116

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr T Harris - Class D Rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4567

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Matamata RC - 3 June 2015

Meet Chair:
ADooley

Race Date:
2015/06/03

Race Number:
R1

Decision:

As Mr Harris admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mr Harris was fined $300.

Facts:

Following the running of race 1, Jim Furness Grader Services 2000, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Jones, alleged that Mr Harris used the whip excessively on his mount ANNA KAYE.

Mr Harris acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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 Oatham demonstrated on the video films that Mr Harris used his whip 12 times prior to the 200 metres. He said the strikes were not overly strong but acknowledged they were outside the required respite.

Mr Harris acknowledged that he struck his mount 12 times prior to the 200 metres. He said the track was heavy and he had used the whip to keep ANNA KAYE momentum up.

Submissions for Penalty:

Mr Jones produced Mr Harris’s record which showed he has been riding since 2004 and has never breached the whip Rule. He said the number of strikes was low to mid – range and noted the strikes were not forceful. Mr Jones asked the Committee to take into account Mr Harris has limited opportunities as a Jumps rider and submitted a penalty in the $200 to $300 range.

Mr Harris asked the Committee to take into account his impeccable record.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Harris’s admission of the breach, his clear record under this Rule, the number of strikes was at the low to mid- range, and the Committee had regard for his status as a Jumps rider with limited opportunities.

The Committee did inform Mr Harris that the new JCA Penalty Guide recommended starting point was a $500 fine for a riders 1st offence. Given the significant mitigating factors the Committee determined a reduction in penalty was appropriate in this particular case.

After taking into account all the above factors the Committee consider a $300 fine to be an appropriate penalty. The Committee did inform Mr Harris that a further breach of this Rule in the near future would result in a suspension in accordance with the Penalty Guide.

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: 6b2b6c463c63bbb3b48b3c5613335976


informantnumber: A4567


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/06/2015


hearing_title: Matamata RC 3 June 2015 - R 1


charge:


facts:

Following the running of race 1, Jim Furness Grader Services 2000, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Jones, alleged that Mr Harris used the whip excessively on his mount ANNA KAYE.

Mr Harris acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

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 Oatham demonstrated on the video films that Mr Harris used his whip 12 times prior to the 200 metres. He said the strikes were not overly strong but acknowledged they were outside the required respite.

Mr Harris acknowledged that he struck his mount 12 times prior to the 200 metres. He said the track was heavy and he had used the whip to keep ANNA KAYE momentum up.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Harris admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr Harris’s record which showed he has been riding since 2004 and has never breached the whip Rule. He said the number of strikes was low to mid – range and noted the strikes were not forceful. Mr Jones asked the Committee to take into account Mr Harris has limited opportunities as a Jumps rider and submitted a penalty in the $200 to $300 range.

Mr Harris asked the Committee to take into account his impeccable record.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Harris’s admission of the breach, his clear record under this Rule, the number of strikes was at the low to mid- range, and the Committee had regard for his status as a Jumps rider with limited opportunities.

The Committee did inform Mr Harris that the new JCA Penalty Guide recommended starting point was a $500 fine for a riders 1st offence. Given the significant mitigating factors the Committee determined a reduction in penalty was appropriate in this particular case.

After taking into account all the above factors the Committee consider a $300 fine to be an appropriate penalty. The Committee did inform Mr Harris that a further breach of this Rule in the near future would result in a suspension in accordance with the Penalty Guide.


penalty:

Accordingly, Mr Harris was fined $300.


hearing_type: Hearing


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


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr T Harris - Class D Rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5d06ebaf453f469a0d9e1dbb49cfc210


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: 0919bef9f138b031aa1586c1b6ec592a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/06/2015


meet_title: Matamata RC - 3 June 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: matamata-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Matamata RC