Otaki-Maori RC 15 April 2021 – R 2 – Chair, Mrs N Moffatt
ID: JCA16722
Code:
Thoroughbred
Meet Title:
Otaki-Maori RC - 15 April 2021
Meet Chair:
NMoffatt
Race Date:
2021/04/15
Race Number:
R 2
Decision:
Mr Gibbs-Manssen admitted the breach, therefore the charge was deemed proved.
Penalty:
Accordingly Mr Gibbs-Manssen is suspended from riding from the close of racing today April 15th up to and including racing on May 20th (8 Highweight/Jumps days).
Following delivery of penalty Mr Gibbs-Manssen proposed that if he undertook instruction on the mechanical horse from Ms Clapperton his suspension could be reduced, and a fine imposed. He explained that he needed to ride at these meetings in order to apply for a Jockey Apprenticeship. The Committee said that due to the high end nature of the the breach the penalty remained as stated.
Facts:
Following Race 2, Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Gibbs-Manssen used his whip excessively prior to the 100 metres, and continuing to use the whip inside the final 100 metres when out of contention.
At the outset of the hearing, Mr Gibbs-Manssen confirmed he admitted the breach.
Mr Oatham used the videos to identify Mr Gibbs-Manssen riding in 2nd place outside the leader near the 600m. Soon after he began to use the whip, and the total number of strikes up until the 100m mark was approximately 16. From there until the finish Mr Gibbs-Manssen continued to strike his mount when the horse was well tried.
Ms Clapperton said the films were pretty clear.
Submissions for Penalty:
Mr Goodwin said prior to Race 1 all Highweight Riders were invited into the Judicial room and reminded of the Whip and Penalty Guidelines. It was made clear that any Rider who breached the Rule would face a charge under the Rules of Racing.
Mr Gibbs-Manssen has a clear record under this Rule, but Mr Goodwin said this was a particularly bad piece of riding and unacceptable. The Stewards’ submission was for a period of suspension and a fine in the vicinity of $300.
Mr Gibbs-Manssen said he was just trying to do the best for the horse. He had been told to lead and his mount was often changing stride. He confirmed that he had been present when Mr Goodwin outlined the Whip Guidelines prior to Race 1 today.
Reasons for Penalty:
NZTR revised the Whip and Penalty Guidelines in October 2019. The starting points for a breach are:
1st breach-$300 fine
2nd breach-$500
3rd breach-6 day suspension
However if the number of strikes is 10 or more a 6 day suspension is to be the starting point.
Accordingly the Committee adopted a starting point or 6 days. There were several aggravating factors to consider. The Guidelines limit the use of the whip to 5 strikes prior to the 100 metres. Mr Gibbs-Manssen struck his mount at least 16 times. This lies far beyond the acceptable limit.
Races 1 and 2 today were the first Highweight Races of the season. In order to aid Riders, many of whom were having their first raceday ride for months, the Stewards proactively outlined the Whip Guidelines, and likely penalties, should any of them use the whip excessively. This was clearly explained to all Riders including Mr Gibbs-Manssen, prior to Race 1. Only one race later the Respondent went out and breached the Guidelines.
A further aggravating factor was that Mr Gibbs-Manssen continued to use his whip after the 100m when his mount was well out of contention.
There were no mitigating factors.
The Committee has taken into account the fact that Highweight and Jumps Riders (Class D) have fewer opportunities than Class A Riders over a racing season.
Any penalty must also serve as a deterrent to other Riders. Taking into account all factors it is the Committee's opinion that an 8 day suspension is sufficient and appropriate.
Mr Gibbs-Manssen said he would like to ride at upcoming Tauranga and Woodville meetings but when questioned conceded he did not have any confirmed riding engagements. Mr Oatham said any suspension would therefore begin immediately. The Committee concurred.
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: d89d419f214d7f547978b59435bd0c36
informantnumber: A14144
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/04/2021
hearing_title: Otaki-Maori RC 15 April 2021 - R 2 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 2, Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Gibbs-Manssen used his whip excessively prior to the 100 metres, and continuing to use the whip inside the final 100 metres when out of contention.
At the outset of the hearing, Mr Gibbs-Manssen confirmed he admitted the breach.
Mr Oatham used the videos to identify Mr Gibbs-Manssen riding in 2nd place outside the leader near the 600m. Soon after he began to use the whip, and the total number of strikes up until the 100m mark was approximately 16. From there until the finish Mr Gibbs-Manssen continued to strike his mount when the horse was well tried.
Ms Clapperton said the films were pretty clear.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Gibbs-Manssen admitted the breach, therefore the charge was deemed proved.
sumissionsforpenalty:
Mr Goodwin said prior to Race 1 all Highweight Riders were invited into the Judicial room and reminded of the Whip and Penalty Guidelines. It was made clear that any Rider who breached the Rule would face a charge under the Rules of Racing.
Mr Gibbs-Manssen has a clear record under this Rule, but Mr Goodwin said this was a particularly bad piece of riding and unacceptable. The Stewards’ submission was for a period of suspension and a fine in the vicinity of $300.
Mr Gibbs-Manssen said he was just trying to do the best for the horse. He had been told to lead and his mount was often changing stride. He confirmed that he had been present when Mr Goodwin outlined the Whip Guidelines prior to Race 1 today.
reasonsforpenalty:
NZTR revised the Whip and Penalty Guidelines in October 2019. The starting points for a breach are:
1st breach-$300 fine
2nd breach-$500
3rd breach-6 day suspension
However if the number of strikes is 10 or more a 6 day suspension is to be the starting point.
Accordingly the Committee adopted a starting point or 6 days. There were several aggravating factors to consider. The Guidelines limit the use of the whip to 5 strikes prior to the 100 metres. Mr Gibbs-Manssen struck his mount at least 16 times. This lies far beyond the acceptable limit.
Races 1 and 2 today were the first Highweight Races of the season. In order to aid Riders, many of whom were having their first raceday ride for months, the Stewards proactively outlined the Whip Guidelines, and likely penalties, should any of them use the whip excessively. This was clearly explained to all Riders including Mr Gibbs-Manssen, prior to Race 1. Only one race later the Respondent went out and breached the Guidelines.
A further aggravating factor was that Mr Gibbs-Manssen continued to use his whip after the 100m when his mount was well out of contention.
There were no mitigating factors.
The Committee has taken into account the fact that Highweight and Jumps Riders (Class D) have fewer opportunities than Class A Riders over a racing season.
Any penalty must also serve as a deterrent to other Riders. Taking into account all factors it is the Committee's opinion that an 8 day suspension is sufficient and appropriate.
Mr Gibbs-Manssen said he would like to ride at upcoming Tauranga and Woodville meetings but when questioned conceded he did not have any confirmed riding engagements. Mr Oatham said any suspension would therefore begin immediately. The Committee concurred.
penalty:
Accordingly Mr Gibbs-Manssen is suspended from riding from the close of racing today April 15th up to and including racing on May 20th (8 Highweight/Jumps days).
Following delivery of penalty Mr Gibbs-Manssen proposed that if he undertook instruction on the mechanical horse from Ms Clapperton his suspension could be reduced, and a fine imposed. He explained that he needed to ride at these meetings in order to apply for a Jockey Apprenticeship. The Committee said that due to the high end nature of the the breach the penalty remained as stated.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr M Gibbs-Manssen, Ms K Clapperton supporting Respondent
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 644694a7e5c2b4a650f9eb785be5bdc1
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: ca0bb28908bdf3c8459164f9a5b7de61
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2021
meet_title: Otaki-Maori RC - 15 April 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otaki-maori-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: none
meet_pm2: none
name: Otaki-Maori RC