Non Raceday Inquiry RIU v RC Black – decision dated 24 January 2015

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decisiondate: 25/01/2015

hearing_title: Non Raceday Inquiry RIU v RC Black - decision dated 24 January 2015

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Decision:

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Racing

IN THE MATTER of Information No. A1452

BETWEEN MR N M YDGREN, Stipendiary Steward for the Racing Integrity Unit

Informant

AND MS R C BLACK of Riverton, Licensed Class B Apprentice Rider

Respondent

Date of Hearing: 24 January 2015

Venue: Ashburton Racecourse, Ashburton

Judicial Committee: S C Ching, Chair - R G McKenzie, Committee Member

Present: Mr J M McLaughlin, Stipendiary Steward, for the Informant

Ms R C Black, the Respondent

Mr K L Tyler, Class A Licensed Trainer/Employer of Ms Black

Date of Decision: 24 January 2015

DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No.A1452 alleges that:

On the 14th day of January, Rebecca Black, being the rider of HAYLEY MAREE in Race 5, the West Coast Scrap & Steel Miss Scenicland Stakes, at the Westland Racing Club meeting, used her whip excessively prior to the 200m. This is in breach of Rule 638(3) (b).

Documentation was provided from the Operations Manager of the Racing Integrity Unit, Mr M Godber, that permission was granted for the Information to be filed as required under Rule 903(2)(d).

The Rules

[2] Rule 638(3)(b) of the Rules of Racing provides as follows:

(3) A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper

GUIDELINES WITH RESPECT TO ACCEPTABLE USE OF THE WHIP

“Once a horse enters the final straight it can be hit with the drawn whip up to six
times and then a rider should ride hands and heels for six strides before hitting the
horse again with the drawn whip and continue this action until the 200m”

The Plea

[3] Ms Black had signed the Statement by the Respondent at the foot of the Information form indicating that she admitted the breach of the Rule. She confirmed this at the hearing. Ms Black also confirmed that she understood the Rule she was being charged under. Ms Black, a Class B Apprentice rider, was assisted at the hearing by her employer Mr K Tyler, licensed trainer of HAYLEY MAREE.

Summary of Facts

[4] Mr McLaughlin gave evidence and produced video replays to show Ms Black riding HAYLEY MAREE, who was in contention in a 3 wide position turning for home, near the 300m. He showed Ms Black draw her whip at this point and use it continuously on 13 occasions prior to the 200m, without going back to the whip rein as required by the Whip Rule Guidelines. He said this was a clear breach of the Rule.

[5] Mr McLaughlin stated that the breach was at the high end as Ms Black had used the whip continuously on 13 occasions from inside the 300m to the 200m. He also stated that another aggravating factor was that HAYLEY MAREE was the eventual winner.

[6] Ms Black did not dispute the Stewards' allegation as to the number of strikes being 13. She said she was still tired from the previous week where she had to ride at the Omakau meeting on Friday 3 January and then travel to Greymouth the next day to ride at that meeting.

[7] Ms Black said as she turned for home she glanced up and mistook a post near the 300m as being the 200m. She said it was a misjudgement as she thought she was inside the 200m.

Submissions of Informant on Penalty

[8] Mr McLaughlin stated that Ms Black's record showed two breaches of this Rule over the previous 12 months being a fine of $200 at Timaru on 13 June 2014 and a fine of $400 at Christchurch on 2 August 2014. Mr McLaughlin described Ms Black’s record as average to say the least.

[9] Mr McLaughlin said that Ms Black rode in the Central Districts from time to time but submitted that due to the high level of the breach and Ms Black’s record in regard to this Rule, the Stewards would be seeking a two South Island day suspension as penalty in this case.

Submissions of Respondent on Penalty

[10] Ms Black and Mr Tyler submitted that a fine was preferable but conceded that a suspension was probably inevitable due to Ms Black’s record.

[11] The matter of deferment was discussed with Ms Black opting to have any suspension start immediately.

Reasons for Penalty

[12] In determining penalty the Committee took the JCA Penalty Guide starting point of a $500 fine or two days suspension for a 2nd breach of this Rule within a 12 month period. The Committee agreed with the Stewards' submission that the breach was at a high level and with this being Ms Black’s 3rd breach within 7 months, the Committee believed a suspension was an appropriate penalty in this case.

[13] The Committee took the aggravating factors, being the high level of the breach and Ms Black’s record which the Committee deemed to be poor, into consideration. Also taken into account was the only mitigating factor being Ms Black’s admission of the breach.

[14] Taking all factors into consideration the Committee determined that a two South Island day’s suspension was an appropriate penalty in this case.

Penalty

[15] Ms Black’s Apprentice riders licence was suspended from the conclusion of racing today 24 January 2015 up to and including 31 January 2015. This suspension encompasses the meetings at Ashburton on 28 January and Dunedin on 31 January 2015 (2 effective South Island days).

S C Ching                R G McKenzie

Chair                       Committee Member 

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