Poverty Bay TC 19 February 2017 – R 7 – Chair, Mr T Utikere
ID: JCA16290
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 19 February 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2017/02/19
Race Number:
R1
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Elliot was fined $300.
Facts:
Following the running of Race 7, (SEE YOU AT LONE STAR GISBORNE MILE), Information A8861 was filed with the judicial committee. Class B Rider, Ryan Elliot was charged with a breach of Rule 638(3)(b)(ii). The Information stated he: "used the whip excessively on his mount BRAT PACK".
Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."
Mr Elliot, assisted by Mr Rogerson, confirmed that he understood the rule and that he admitted the breach.
Using the side-on and head-on films, Mr Oatham identified BRAT PACK near the rear of the field approaching the home turn. He identified that Mr Elliot was observed to have used his whip approximately 12 times prior to the 200 metres. While Mr Oatham identified that Mr Elliot had put his whip away for a few strides during that time, it was not for the required six strides before recommencing his whip use.
Mr Rogerson advised the committee that BRAT PACK was a lazy horse, and that it was also clear that Mr Elliot had given the horse a break for a couple of strides. Upon review of the film Mr Rogerson stated that while he did not agree with the rule, it was clear that Mr Elliot was guilty.
Submissions for Penalty:
In presenting Mr Elliot's record, Mr Coles identified that while he had two previous breaches on 6 May and 6 August, the current breach fell outside the 6 months period, so his record had effectively been reset. He also believed that Mr Elliot should be given credit for his admission of the breach and submitted a fine as appropriate.
Mr Rogerson asked for Mr Elliot to be treated as a rider with a good record and for the committee to note that he had pleaded guilty to the charge. He submitted a $300 fine as appropriate.
Reasons for Penalty:
The committee considered all of the submissions placed before it. We determined that a fine was an appropriate penalty on this occasion, and adopted the JCA Penalty Guidelines starting point of $500. It is clear that Mr Elliot struck his horse approximately 12 times without the required pause prior to the 200m. Whether the horse was lazy and needed encouragement or not is irrelevant under the rules; like other riders, Mr Elliot must adhere to the whip use guidelines. We accept that his prior breaches fall outside of the previous six months period; as such he has a clean record for the purposes of penalty. While we apply his clean record and his early admission of the breach in mitigation, Mr Elliot was reminded that a further breach of this rule within the next six months is likely to result in a period of suspension. Mr Elliot confirmed to the committee that he understood this.
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: d56db22c5caeed17dae7004fef6f59a3
informantnumber: A8861
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2017
hearing_title: Poverty Bay TC 19 February 2017 - R 7 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7, (SEE YOU AT LONE STAR GISBORNE MILE), Information A8861 was filed with the judicial committee. Class B Rider, Ryan Elliot was charged with a breach of Rule 638(3)(b)(ii). The Information stated he: "used the whip excessively on his mount BRAT PACK".
Rule 638(3)(b)(ii) reads: "A Rider shall not:- (b) strike a horse with a whip in a manner or to an extent which is: (ii) ... excessive."
Mr Elliot, assisted by Mr Rogerson, confirmed that he understood the rule and that he admitted the breach.
Using the side-on and head-on films, Mr Oatham identified BRAT PACK near the rear of the field approaching the home turn. He identified that Mr Elliot was observed to have used his whip approximately 12 times prior to the 200 metres. While Mr Oatham identified that Mr Elliot had put his whip away for a few strides during that time, it was not for the required six strides before recommencing his whip use.
Mr Rogerson advised the committee that BRAT PACK was a lazy horse, and that it was also clear that Mr Elliot had given the horse a break for a couple of strides. Upon review of the film Mr Rogerson stated that while he did not agree with the rule, it was clear that Mr Elliot was guilty.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Elliot's record, Mr Coles identified that while he had two previous breaches on 6 May and 6 August, the current breach fell outside the 6 months period, so his record had effectively been reset. He also believed that Mr Elliot should be given credit for his admission of the breach and submitted a fine as appropriate.
Mr Rogerson asked for Mr Elliot to be treated as a rider with a good record and for the committee to note that he had pleaded guilty to the charge. He submitted a $300 fine as appropriate.
reasonsforpenalty:
The committee considered all of the submissions placed before it. We determined that a fine was an appropriate penalty on this occasion, and adopted the JCA Penalty Guidelines starting point of $500. It is clear that Mr Elliot struck his horse approximately 12 times without the required pause prior to the 200m. Whether the horse was lazy and needed encouragement or not is irrelevant under the rules; like other riders, Mr Elliot must adhere to the whip use guidelines. We accept that his prior breaches fall outside of the previous six months period; as such he has a clean record for the purposes of penalty. While we apply his clean record and his early admission of the breach in mitigation, Mr Elliot was reminded that a further breach of this rule within the next six months is likely to result in a period of suspension. Mr Elliot confirmed to the committee that he understood this.
penalty:
Mr Elliot was fined $300.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Apprentice Rider
Otherperson: Mr G Rogerson - Licensed Trainer assisting Mr Elliot, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9680c47f2dfca82dfe6f54af48fb13db
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 887320e0edafb9448e7919cc498628d5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/02/2017
meet_title: Poverty Bay TC - 19 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: poverty-bay-tc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Poverty Bay TC