Archive Decision

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Otaki-Maori RC 6 March 2015 – R3

ID: JCA17154

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms R Goldsbury - Licensed Apprentice Jockey

Other Person:
Mr K Gray - Licensed Trainer assisting Ms Goldsbury

Information Number:
A2704

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 6 March 2015

Meet Chair:
NMoffatt

Meet Committee Member 1:
PWilliams

Race Date:
2015/03/06

Race Number:
R3

Decision:

As Ms Goldsbury admitted the breach the charge was found to be proved.

Penalty:

Accordingly we fined Ms Goldsbury the sum of $150.

Facts:

Following Race 3, the Dominion Post Handicap, Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that rider R Goldsbury used her whip excessively prior to the 200metres.
 
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”.
 
Ms Goldsbury is apprenticed to her father Mr David Goldsbury but was assisted at today’s hearing by Mr K Gray.  At the start of the hearing Ms Goldsbury confirmed  that she admitted the breach and understood the Rule under which she had been charged.

Submissions for Decision:

Mr Goodwin played the head-on video which showed Ms Goldsbury racing adjacent to the running rail. From the turn up until the 200m mark she hit her horse (BEAU AGEN) every second stride, in total 11 times. BEAU AGEN won the race by 1 ½ lengths over SLAZENJAH ridden by Mr Parkes.

Submissions for Penalty:

Mr Goodwin said Ms Goldsbury has been riding since October 2014 and this was her first charge of any kind. He said Ms Goldsbury was not entirely clear with the whip guidelines but he had now fully explained them to her. Mr Goodwin said an aggravating factor was the fact that she won the race.

Mr Gray asked the committee to take into account the manner in which she used the whip. He said she hadn’t hit the horse hard and, this being her first charge, asked the committee to consider a small fine rather than a suspension.

Reasons for Penalty:

In coming to a decision on penalty the committee had regard to the Judicial Committee Penalty Guide which offers, as a starting point, a $300 monetary penalty. (We did not believe that the breach warranted a period of suspension.) In assessing the gravity of the breach we took into account both the manner and the number of times in which Ms Goldsbury used the whip prior to the 200m. She did not hit her horse every stride and was not forceful in her whip use so we placed the breach at the lower end. Ms Goldsbury won the race comfortably over Mr Parkes, who is a much stronger rider with the whip, so it is difficult to assess whether she gained any advantage by breaching the rule. Taking into account Ms Goldsbury’s excellent record, her relative inexperience and our low-end assessment of the breach it was our opinion that a fine of $150 was an appropriate penalty. The Committee did suggest to Ms Goldsbury that any further breaches of the whip rules would not be dealt with so leniently.

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: d33d1ec35bd9e1a0058c4b5e89bd7648


informantnumber: A2704


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 02/03/2015


hearing_title: Otaki-Maori RC 6 March 2015 - R3


charge:


facts:

Following Race 3, the Dominion Post Handicap, Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that rider R Goldsbury used her whip excessively prior to the 200metres.
 
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”.
 
Ms Goldsbury is apprenticed to her father Mr David Goldsbury but was assisted at today’s hearing by Mr K Gray.  At the start of the hearing Ms Goldsbury confirmed  that she admitted the breach and understood the Rule under which she had been charged.

appealdecision:


isappeal:


submissionsfordecision:

Mr Goodwin played the head-on video which showed Ms Goldsbury racing adjacent to the running rail. From the turn up until the 200m mark she hit her horse (BEAU AGEN) every second stride, in total 11 times. BEAU AGEN won the race by 1 ½ lengths over SLAZENJAH ridden by Mr Parkes.

reasonsfordecision:


Decision:

As Ms Goldsbury admitted the breach the charge was found to be proved.

sumissionsforpenalty:

Mr Goodwin said Ms Goldsbury has been riding since October 2014 and this was her first charge of any kind. He said Ms Goldsbury was not entirely clear with the whip guidelines but he had now fully explained them to her. Mr Goodwin said an aggravating factor was the fact that she won the race.

Mr Gray asked the committee to take into account the manner in which she used the whip. He said she hadn’t hit the horse hard and, this being her first charge, asked the committee to consider a small fine rather than a suspension.

reasonsforpenalty:

In coming to a decision on penalty the committee had regard to the Judicial Committee Penalty Guide which offers, as a starting point, a $300 monetary penalty. (We did not believe that the breach warranted a period of suspension.) In assessing the gravity of the breach we took into account both the manner and the number of times in which Ms Goldsbury used the whip prior to the 200m. She did not hit her horse every stride and was not forceful in her whip use so we placed the breach at the lower end. Ms Goldsbury won the race comfortably over Mr Parkes, who is a much stronger rider with the whip, so it is difficult to assess whether she gained any advantage by breaching the rule. Taking into account Ms Goldsbury’s excellent record, her relative inexperience and our low-end assessment of the breach it was our opinion that a fine of $150 was an appropriate penalty. The Committee did suggest to Ms Goldsbury that any further breaches of the whip rules would not be dealt with so leniently.

penalty:

Accordingly we fined Ms Goldsbury the sum of $150.

hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms R Goldsbury - Licensed Apprentice Jockey


Otherperson: Mr K Gray - Licensed Trainer assisting Ms Goldsbury


PersonPresent:


Respondent:


StipendSteward:


raceid: 4797a64cb74a0792997a4f1d79c89338


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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meetid: cf7d692a6ac2e09a705bfb50b6ba76bb


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meetdate: 06/03/2015


meet_title: Otaki-Maori RC - 6 March 2015


meet_expappcomment:


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tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: PWilliams


meet_pm2: none


name: Otaki-Maori RC