Archive Decision

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Otaki-Maori RC 20 June 2014 – R 1

ID: JCA17816

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr M Gillies - Class D licence

Information Number:
A6752

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 20 June 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
GBuchanan

Race Date:
2014/06/20

Race Number:
R 1

Decision:

As Mr Gillies admitted the breach the charge was found proved.

Penalty:

Accordingly Mr Gillies is fined the sum of $175.

Facts:

Following the running of Race 1, Body & Soul Fitness Otaki Highweight, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(3) (b) in that M Gillies (IRISHWISE) used his whip excessively prior to the 200 metres.

Mr Gillies acknowledged he understood the nature of the charge and confirmed that he admitted the breach.

Rule 638(3) (b) reads 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;

Mr Oatham played the video and identified Mr Gillies racing in a position towards the rear of the field. Prior to the home turn he used the whip approximately four times, stopped for three strides and then continued for a total of thirteen strikes prior to the 200 metres. Mr Gillies went on to win the race.

Submissions for Penalty:

Mr Goodwin said Mr Gillies had never been charged with a breach of this rule but his use of the whip on this occasion was well outside of the guidelines. The Stewards’ submission was for a monetary penalty in the vicinity of $200. Mr Goodwin referred to a recent charge in which a rider was fined the sum of $175 in similar circumstances.

Mr Gillies said he got carried away when he realised he had a chance of winning but told the committee he would not make the same mistake again.

Reasons for Penalty:

The committee had regard to the Judicial Committee penalty guide which provides a $300 starting point for a first breach of Rule 638(3) (b). We took into account Mr Gillies' admission of the breach, the number of strikes over the guidelines, and the limited opportunities he has as a high-weight rider. We also took into account other recent penalties for the same breach of the rules.

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: f12a95d54f92e59d5880b6f7dd9cdb53


informantnumber: A6752


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/06/2014


hearing_title: Otaki-Maori RC 20 June 2014 - R 1


charge:


facts:

Following the running of Race 1, Body & Soul Fitness Otaki Highweight, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(3) (b) in that M Gillies (IRISHWISE) used his whip excessively prior to the 200 metres.

Mr Gillies acknowledged he understood the nature of the charge and confirmed that he admitted the breach.

Rule 638(3) (b) reads 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;

Mr Oatham played the video and identified Mr Gillies racing in a position towards the rear of the field. Prior to the home turn he used the whip approximately four times, stopped for three strides and then continued for a total of thirteen strikes prior to the 200 metres. Mr Gillies went on to win the race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Gillies admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Goodwin said Mr Gillies had never been charged with a breach of this rule but his use of the whip on this occasion was well outside of the guidelines. The Stewards’ submission was for a monetary penalty in the vicinity of $200. Mr Goodwin referred to a recent charge in which a rider was fined the sum of $175 in similar circumstances.

Mr Gillies said he got carried away when he realised he had a chance of winning but told the committee he would not make the same mistake again.


reasonsforpenalty:

The committee had regard to the Judicial Committee penalty guide which provides a $300 starting point for a first breach of Rule 638(3) (b). We took into account Mr Gillies' admission of the breach, the number of strikes over the guidelines, and the limited opportunities he has as a high-weight rider. We also took into account other recent penalties for the same breach of the rules.


penalty:

Accordingly Mr Gillies is fined the sum of $175.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr M Gillies - Class D licence


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c785513d21bc0284faaca2dae0c81f62


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3d9af2361435e1d9ef1b1dc9a1744ab1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/06/2014


meet_title: Otaki-Maori RC - 20 June 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: GBuchanan


meet_pm2: none


name: Otaki-Maori RC