Archive Decision

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Otaki-Maori RC – 8 October 2009 – Race 3

ID: JCA19714

Hearing Type:
Old Hearing

Rules:
638.3.b

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Otaki-Maori RC - 8 October 2009

Race Date:
2009/10/08

Race Number:
Race 3

Decision:

Following the running of race 3, the Family Hotel Maiden, Mr Tanaka was charged with excessive use of the whip under rule 638 (3) (b).  The information alleged that “M Tanaka used his whip in an excessive manner prior to the 200m”.



Following the running of race 3, the Family Hotel Maiden, Mr Tanaka was charged with excessive use of the whip under rule 638 (3) (b).  The information alleged that “M Tanaka used his whip in an excessive manner prior to the 200m”.

--

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 Tanaka admitted the breach of the rule and was assisted by licensed trainer Mr S Barlow.  He also agreed he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

--

Stipendiary Steward Mr Neal showed the video from the top of the straight to approximately the 200m mark.  He said Mr Tanaka gave his horse HYPERNOVA at least 10 strikes from the top of the straight to approximately the 200m mark.  He said that 10 strikes was a conservative figure and that Mr Tanaka’s use of the whip was in excess of that permitted under the use of whip guidelines.

--

Mr Barlow said Mr Tanaka was riding to instructions and had been told by the trainer of HYPERNOVA to use the whip on the horse.  He conceded, however, that Mr Tanaka knew what the guidelines were in relation to use of the whip and that he had ridden well outside of the guidelines.

--

Penalty Submission

--

Mr Neal said Mr Tanaka had not been charged previously under this rule.  He submitted that Mr Tanaka had acknowledged he used his whip excessively and also that Mr Tanaka was fully aware of the guidelines which he had disregarded with his “relentless use of the whip” prior to the 200m mark.  Mr Neal said the strikes were significant and classified the offence in the mid-high range.  He indicated an appropriate penalty would be a fine in the range of $300-$400.

--

Mr Tanaka said at the time he forgot about the guidelines and was just trying to do his best.

--

Decision

--

In coming to a decision on penalty the Committee considered all the submissions made as well as Mr Tanaka’s previous excellent record and his admittance of the breach.  We also agree with the stipendiary steward that the number of strikes by Mr Tanaka was well outside the use of whip guidelines, that the strikes were quite severe and that the offence falls into the mid to high range.

--

Mr Tanaka is fined $350.

--

 

--

N Moffatt             P Williams
Chair                   Committee Member
224

--

 

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: 5f4a900893ca0325bb54543f28bd65c1


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 08/10/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Otaki-Maori RC - 8 October 2009 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race 3, the Family Hotel Maiden, Mr Tanaka was charged with excessive use of the whip under rule 638 (3) (b).  The information alleged that “M Tanaka used his whip in an excessive manner prior to the 200m”.



Following the running of race 3, the Family Hotel Maiden, Mr Tanaka was charged with excessive use of the whip under rule 638 (3) (b).  The information alleged that “M Tanaka used his whip in an excessive manner prior to the 200m”.

--

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 Tanaka admitted the breach of the rule and was assisted by licensed trainer Mr S Barlow.  He also agreed he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

--

Stipendiary Steward Mr Neal showed the video from the top of the straight to approximately the 200m mark.  He said Mr Tanaka gave his horse HYPERNOVA at least 10 strikes from the top of the straight to approximately the 200m mark.  He said that 10 strikes was a conservative figure and that Mr Tanaka’s use of the whip was in excess of that permitted under the use of whip guidelines.

--

Mr Barlow said Mr Tanaka was riding to instructions and had been told by the trainer of HYPERNOVA to use the whip on the horse.  He conceded, however, that Mr Tanaka knew what the guidelines were in relation to use of the whip and that he had ridden well outside of the guidelines.

--

Penalty Submission

--

Mr Neal said Mr Tanaka had not been charged previously under this rule.  He submitted that Mr Tanaka had acknowledged he used his whip excessively and also that Mr Tanaka was fully aware of the guidelines which he had disregarded with his “relentless use of the whip” prior to the 200m mark.  Mr Neal said the strikes were significant and classified the offence in the mid-high range.  He indicated an appropriate penalty would be a fine in the range of $300-$400.

--

Mr Tanaka said at the time he forgot about the guidelines and was just trying to do his best.

--

Decision

--

In coming to a decision on penalty the Committee considered all the submissions made as well as Mr Tanaka’s previous excellent record and his admittance of the breach.  We also agree with the stipendiary steward that the number of strikes by Mr Tanaka was well outside the use of whip guidelines, that the strikes were quite severe and that the offence falls into the mid to high range.

--

Mr Tanaka is fined $350.

--

 

--

N Moffatt             P Williams
Chair                   Committee Member
224

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1a7aa3062df9bb495ac794a1cd11e832


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 3


submittochair:


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race_km:


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race_pm2:


meetid: 13583fead70dc8969feed42ddc1b800f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/10/2009


meet_title: Otaki-Maori RC - 8 October 2009


meet_expappcomment:


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tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Otaki-Maori RC