Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Oamaru JC 27 May 2016 – R 6 – Chair, Prof G Hall

ID: JCA15915

Applicant:
Mr J M McLaughlin - Stipendiary Steward

Respondent(s):
Mr P Shaikh - Apprentice Jockey

Other Person:
Mr M Pitman - Licensed trainer assisting Mr Shaikh

Information Number:
A6380

Hearing Type:
Hearing

New Charge:
Unnecessary use of the whip

Rules:
638(3)(b)(I)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Oamaru JC - 27 May 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/05/27

Race Number:
R 6

Decision:

We thus dismiss the charge.

Facts:

Mr McLaughlin alleged that Mr Shaikh used his whip in an unnecessary manner when striking his mount PORTOVENERE in race 6, the UNDER & OUT DRILLING R65 1200 metres after the line.

Rule 638(3) states:
A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is
(i) unnecessary

 

Submissions for Decision:

Mr McLaughlin demonstrated on the video that the respondent struck his horse with the whip a stride to a stride and a half after the line. He said this was unnecessary.

Mr Pitman stated he was very surprised the charge had been brought, as the strike was half to one stride after the line. He had instructed his apprentices to ride through the line, which was what the respondent was doing. He added that PORTOVENERE was a difficult horse to ride and that a jockey had to get at the horse before it would give its best.

Mr Shaikh stated he had not ridden on the course many times. He said it was a sunny day and right on the post the sun was very bright. He was thus unsure when he was at the winning post and had he not continued to use the stick on the horse it would have stopped giving. He said he believed the strike was only one stride after the line.

Mr McLaughlin summed up by stating that the respondent had already had a warning under this rule on 23 April. He said he agreed that jockeys should push their mounts through the line but Mr Shaikh should have been aware where the line was and on this occasion he had clearly struck the horse after the post.

 

Reasons for Decision:

We are satisfied Mr McLaughlin is correct when he alleges the respondent struck the horse after the winning post. However, Mr Pitman is also correct when he described the strike as being, at worst, a stride after the line. It is evident the respondent had his whip arm raised prior to the post and he continued with a downwards movement of his arm as the horse crossed the line. The consequence was that PORTOVENERE was struck after the line.

Taking into account that the respondent is an inexperienced apprentice, who was unfamiliar with the track, and that there was an issue with the sun, we are not satisfied that he was aware that he had crossed the line when he hit PORTOVENERE. With the incident being so close to the winning post, we do not find that the use of the whip on this occasion was unnecessary.

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: e4901feaff205ffb0f561f7589aec179


informantnumber: A6380


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Unnecessary use of the whip


plea: denied


penaltyrequired: 0


decisiondate: 30/05/2016


hearing_title: Oamaru JC 27 May 2016 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr McLaughlin alleged that Mr Shaikh used his whip in an unnecessary manner when striking his mount PORTOVENERE in race 6, the UNDER & OUT DRILLING R65 1200 metres after the line.

Rule 638(3) states:
A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is
(i) unnecessary

 


appealdecision:


isappeal:


submissionsfordecision:

Mr McLaughlin demonstrated on the video that the respondent struck his horse with the whip a stride to a stride and a half after the line. He said this was unnecessary.

Mr Pitman stated he was very surprised the charge had been brought, as the strike was half to one stride after the line. He had instructed his apprentices to ride through the line, which was what the respondent was doing. He added that PORTOVENERE was a difficult horse to ride and that a jockey had to get at the horse before it would give its best.

Mr Shaikh stated he had not ridden on the course many times. He said it was a sunny day and right on the post the sun was very bright. He was thus unsure when he was at the winning post and had he not continued to use the stick on the horse it would have stopped giving. He said he believed the strike was only one stride after the line.

Mr McLaughlin summed up by stating that the respondent had already had a warning under this rule on 23 April. He said he agreed that jockeys should push their mounts through the line but Mr Shaikh should have been aware where the line was and on this occasion he had clearly struck the horse after the post.

 


reasonsfordecision:

We are satisfied Mr McLaughlin is correct when he alleges the respondent struck the horse after the winning post. However, Mr Pitman is also correct when he described the strike as being, at worst, a stride after the line. It is evident the respondent had his whip arm raised prior to the post and he continued with a downwards movement of his arm as the horse crossed the line. The consequence was that PORTOVENERE was struck after the line.

Taking into account that the respondent is an inexperienced apprentice, who was unfamiliar with the track, and that there was an issue with the sun, we are not satisfied that he was aware that he had crossed the line when he hit PORTOVENERE. With the incident being so close to the winning post, we do not find that the use of the whip on this occasion was unnecessary.


Decision:

We thus dismiss the charge.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 638(3)(b)(I)


Informant: Mr J M McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr P Shaikh - Apprentice Jockey


Otherperson: Mr M Pitman - Licensed trainer assisting Mr Shaikh


PersonPresent:


Respondent:


StipendSteward:


raceid: e2f16cb5abbbede42341df6c0dca3489


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7c88d069b9da30b8725d0a4a5f0f92c6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2016


meet_title: Oamaru JC - 27 May 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru JC