R Rotorua 11 May 2019 – R 5 – Chair, Mr A Dooley
ID: JCA16534
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 11 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
PWilliams
Race Date:
2019/05/11
Race Number:
Race 5
Decision:
As Ms Spratt admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Spratt was fined $600.
Facts:
Following the running of race 5, Campbell Infrastructure Rotorua Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Spratt used her whip excessively when riding GOBSTOPPER.
Ms Spratt said that she understood the Rule and confirmed she admitted the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Ms Spratt and showed that she struck her mount 11 times prior to the 100 metres. He said there were pauses for 2 or 3 strides.
Ms Spratt accepted Mr Oatham’s interpretation of the breach.
Submissions for Penalty:
Mr Oatham said that Ms Spratt had 1 previous breach of this Rule in June 2018. He said a $500 starting point would be appropriate with the aggravating factor the breach occurred in a Group 3 race worth $75,000. He added that GOBSTOPPER finished 2nd in the race.
Ms Spratt asked the Committee to take into account that her previous breach was for using her whip on a horse when it was out of contention and the charge occurred 11 months ago.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of the whip Rule is a $500 fine. This fine includes admission of the breach.
The aggravating factors were the breach occurred in a Group 3 race worth $75,000. This is in accordance with Rule 920(2) in which Committees have regard for the status of the race and the stakes payable. Therefore a $100 uplift in penalty was warranted.
The Committee had regard for the fact that Ms Spratt's prior breach occurred 11 months ago and we note that GOBSTOPPER finished 2nd in the race.
After taking into account all of the above factors the Committee considered an appropriate penalty was a $600 fine.
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: c156b7dea4a1919f4d991e37ed325cfb
informantnumber: A11513
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/05/2019
hearing_title: R Rotorua 11 May 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Campbell Infrastructure Rotorua Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Spratt used her whip excessively when riding GOBSTOPPER.
Ms Spratt said that she understood the Rule and confirmed she admitted the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Ms Spratt and showed that she struck her mount 11 times prior to the 100 metres. He said there were pauses for 2 or 3 strides.
Ms Spratt accepted Mr Oatham’s interpretation of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Spratt admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Ms Spratt had 1 previous breach of this Rule in June 2018. He said a $500 starting point would be appropriate with the aggravating factor the breach occurred in a Group 3 race worth $75,000. He added that GOBSTOPPER finished 2nd in the race.
Ms Spratt asked the Committee to take into account that her previous breach was for using her whip on a horse when it was out of contention and the charge occurred 11 months ago.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of the whip Rule is a $500 fine. This fine includes admission of the breach.
The aggravating factors were the breach occurred in a Group 3 race worth $75,000. This is in accordance with Rule 920(2) in which Committees have regard for the status of the race and the stakes payable. Therefore a $100 uplift in penalty was warranted.
The Committee had regard for the fact that Ms Spratt's prior breach occurred 11 months ago and we note that GOBSTOPPER finished 2nd in the race.
After taking into account all of the above factors the Committee considered an appropriate penalty was a $600 fine.
penalty:
Accordingly, Ms Spratt was fined $600.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms S Spratt - Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 26eeba7473ed4129edb04bc2595a7006
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 12d9b70725737cc8140fbd626c73d1b6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2019
meet_title: Racing Rotorua - 11 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: PWilliams
meet_pm2: none
name: Racing Rotorua