Otaki-Maori RC 5 November 2013 – R 8
ID: JCA15779
Code:
Thoroughbred
Meet Title:
Otaki-Maori RC - 5 November 2013
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
PWilliams
Race Date:
2013/11/05
Race Number:
R 8
Decision:
As Mr Turner admitted the breach the charge was found proved.
Penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr Turner is fined $250.
Facts:
Following the running of race 8 the “When Kiwi Won The Cup – Sponsored by Beach FM Handicap”, Information A4098 was filed by Stipendiary Steward, Mr G Whiterod under Rule 638(3)(b). The information stated “(D Turner) used his whip excessively prior to the 200 metres and was outside the guideline”.
Mr Turner signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.
Rule 638 (3)(b) states “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.
Mr Goodwin using the side-on and rear views of the film from the top of the straight, highlighted Mr Turner racing towards the rear of the field and being the widest runner on the track. He said Mr Turner struck his horse 12 times from the top of the straight to just prior to the 200m.
Mr Turner said he agreed he had struck his horse 12 times prior to the 200m mark. He also confirmed, in answering questions from Mr Whiterod and the Committee, that he was aware of the “use of Whip Guidelines” and the “6 on 6 off” provisions as stated in those guidelines.
Mr Doyle had no comments to make.
Submissions for Penalty:
Mr Whiterod said Mr Turner had not been charged under this Rule in the previous 12 months. He said Mr Turner’s use of the whip was clearly outside the published guidelines on the use of the whip and submitted that an appropriate penalty would be a $200 fine.
Neither Mr Turner nor Mr Doyle had any submissions on penalty.
Reasons for Penalty:
The Committee has reviewed the side-on and rear view film of the race from the top of the straight to the 200m mark and taken into account the submissions of all parties.
The film clearly shows Mr Turner struck his horse 12 times with the whip from the top of the straight to just prior to the 200m mark. The strikes were not continuous as there were a couple of brief one stride pauses during the count. We believe the severity of the breach of the Rule is at the mid range as the strikes were forceful. We have noted this is Mr Turner’s first breach of this Rule in the past 12 months and that the breach was admitted.
The JCA’s Penalty Guidelines state that for the first breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $300. We are prepared to discount this by $50 because of Mr Turner’s good record under this Rule.
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: cf73a712d22730d52972a252c0d26afd
informantnumber: A4098
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: Otaki-Maori RC 5 November 2013 - R 8
charge:
facts:
Following the running of race 8 the “When Kiwi Won The Cup – Sponsored by Beach FM Handicap”, Information A4098 was filed by Stipendiary Steward, Mr G Whiterod under Rule 638(3)(b). The information stated “(D Turner) used his whip excessively prior to the 200 metres and was outside the guideline”.
Mr Turner signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.
Rule 638 (3)(b) states “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.
Mr Goodwin using the side-on and rear views of the film from the top of the straight, highlighted Mr Turner racing towards the rear of the field and being the widest runner on the track. He said Mr Turner struck his horse 12 times from the top of the straight to just prior to the 200m.
Mr Turner said he agreed he had struck his horse 12 times prior to the 200m mark. He also confirmed, in answering questions from Mr Whiterod and the Committee, that he was aware of the “use of Whip Guidelines” and the “6 on 6 off” provisions as stated in those guidelines.
Mr Doyle had no comments to make.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Turner admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Whiterod said Mr Turner had not been charged under this Rule in the previous 12 months. He said Mr Turner’s use of the whip was clearly outside the published guidelines on the use of the whip and submitted that an appropriate penalty would be a $200 fine.
Neither Mr Turner nor Mr Doyle had any submissions on penalty.
reasonsforpenalty:
The Committee has reviewed the side-on and rear view film of the race from the top of the straight to the 200m mark and taken into account the submissions of all parties.
The film clearly shows Mr Turner struck his horse 12 times with the whip from the top of the straight to just prior to the 200m mark. The strikes were not continuous as there were a couple of brief one stride pauses during the count. We believe the severity of the breach of the Rule is at the mid range as the strikes were forceful. We have noted this is Mr Turner’s first breach of this Rule in the past 12 months and that the breach was admitted.
The JCA’s Penalty Guidelines state that for the first breach of this Rule within a 12 month period the starting point when considering a penalty is a fine of $300. We are prepared to discount this by $50 because of Mr Turner’s good record under this Rule.
penalty:
The Committee believes on this occasion a fine is an appropriate penalty and Mr Turner is fined $250.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr G Whiterod - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Licensed Apprentice Jockey
Otherperson: Mr S Doyle - Licensed Jockey assisting Mr Turner, Mr N Goodwin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 80681c6be087a4af8964a7dfbfd00d54
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5826725162513d6816cf887df30b1f8a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/11/2013
meet_title: Otaki-Maori RC - 5 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otaki-maori-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: PWilliams
meet_pm2: none
name: Otaki-Maori RC