Archive Decision

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R Matamata 29 July 2011 – R 4

ID: JCA12576

Applicant:
Mr M Williamson

Respondent(s):
Mr D Mo - Rider of CHLOE KEEPER

Other Person:
Mr O'Neill - Licensed person representing Mr Mo

Information Number:
464

Hearing Type:
Hearing

Rules:
638 (3) (b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Matamata - 29 July 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
GTankard

Race Date:
2011/07/29

Race Number:
R4

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Taking all the above into account we impose a fine of $150.

Charge:

Excessive whip use.

Facts:

Following race 4 an information was filed pursuant to rule 638(3)(b).  The informant Mr Williamson alleged that Mr D Mo used his whip excessively on his mount CHLOE KEEPER.

Submissions for Decision:

Mr Williamson demonstrated the video films which clearly showed Mr Mo, riding CHLOE KEEPER, strike his mount approximately 13 times before the 200 metre mark.  Mr Williamson said this was clearly outside the whip guide lines and Mr Mo failed to give his mount the required respite.  Mr Williamson also said it was obvious that CHLOE KEEPER was not responding to the whip but Mr Mo continued striking his mount.

Mr Mo said he was told the horse was lazy and he should ride it vigorously.

Mr O'Neill on behalf of Mr Mo said he had spoken to the trainer of CHLOE KEEPER who confirmed the horse was lazy and that she had instructed Mr Mo to try and go forward at the 600 metres.  However he admitted Mr Mo had taken these instructions too far.

Submissions for Penalty:

Mr Williamson said this was Mr Mo's first charge.  However on this occasion was well outside the whip guidelines and had continued using the whip when his mount was well beaten.  He submitted a fine would be appropriate which should be at the low end.

Mr Mo and Mr O'Neill had nothing to say regarding penalty.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Mo's admission of the breach and this is his first  charge.  However he was clearly in excess of the whip guidelines and as was explained to him the continued use of his whip when his mount was not responding is not acceptable.

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: 39f63c197a45c0cf02ba0b8490cd76d5


informantnumber: 464


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 21/07/2011


hearing_title: R Matamata 29 July 2011 - R 4


charge:

Excessive whip use.


facts:

Following race 4 an information was filed pursuant to rule 638(3)(b).  The informant Mr Williamson alleged that Mr D Mo used his whip excessively on his mount CHLOE KEEPER.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson demonstrated the video films which clearly showed Mr Mo, riding CHLOE KEEPER, strike his mount approximately 13 times before the 200 metre mark.  Mr Williamson said this was clearly outside the whip guide lines and Mr Mo failed to give his mount the required respite.  Mr Williamson also said it was obvious that CHLOE KEEPER was not responding to the whip but Mr Mo continued striking his mount.

Mr Mo said he was told the horse was lazy and he should ride it vigorously.

Mr O'Neill on behalf of Mr Mo said he had spoken to the trainer of CHLOE KEEPER who confirmed the horse was lazy and that she had instructed Mr Mo to try and go forward at the 600 metres.  However he admitted Mr Mo had taken these instructions too far.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Williamson said this was Mr Mo's first charge.  However on this occasion was well outside the whip guidelines and had continued using the whip when his mount was well beaten.  He submitted a fine would be appropriate which should be at the low end.

Mr Mo and Mr O'Neill had nothing to say regarding penalty.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Mo's admission of the breach and this is his first  charge.  However he was clearly in excess of the whip guidelines and as was explained to him the continued use of his whip when his mount was not responding is not acceptable.


penalty:

Taking all the above into account we impose a fine of $150.


hearing_type: Hearing


Rules: 638 (3) (b)


Informant: Mr M Williamson


JockeysandTrainer: Mr D Mo - Rider of CHLOE KEEPER


Otherperson: Mr O'Neill - Licensed person representing Mr Mo


PersonPresent:


Respondent:


StipendSteward:


raceid: 0939c693cfc3ef857336b23f99920c8f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fab2f2be2fad25140591f850dc58b586


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/07/2011


meet_title: Racing Matamata - 29 July 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-matamata


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: GTankard


meet_pm2: none


name: Racing Matamata