Archive Decision

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R Rotorua 9 May 2015 – R 2

ID: JCA14221

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr A Tata - Class D Jockey

Information Number:
A4234

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 9 May 2015

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2015/05/09

Race Number:
R2

Decision:

As Mr Tata admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Tata was fined $300.

Facts:

Following the running of race 2, Lochinver Station Highweight, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Oatham, alleged that Mr Tata used the whip in an excessive manner prior to the 200 metres when riding VICKI ANNE.

Mr Tata acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b) provides: A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Mr Oatham demonstrated on the video films that Mr Tata used his whip 10 times prior to the 200 metres.

Mr Tata acknowledged that he struck his mount 10 times prior to the 200 metres. He said the track was very testing and he had to persuade his mount with the whip to keep its momentum up.

Submissions for Penalty:

Mr Oatham produced Mr Tata’s record which showed no previous breach under this Rule in the last 12 months. He said the number of strikes was towards the low end but the vigour displayed was at the high end. He noted that Mr Tata struck his mount every 2nd or 3rd stride but he said the incident stood out on the film. Mr Oatham asked the Committee to take into account Mr Tata has limited opportunities as a Jumps rider and submitted a penalty in the low to mid – range.

Mr Tata submitted that the incident was obvious on the film and had nothing further to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Tata’s admission of the breach, his clear record under this Rule, the number of strikes was at the low end, we observed that Mr Tata did pause between his strikes and we had regard for his status as a Jumps rider with limited opportunities. The aggravating fact was the severity of strikes which we assess was mid to high range.

The Committee did inform Mr Tata that the new JCA Penalty Guide recommended starting point was a $500 fine for a riders 1st offence. Given the significant mitigating factors the Committee determined a reduction in penalty was appropriate in this particular case.

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: a9739f61787c9093333755fb65b6996d


informantnumber: A4234


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2015


hearing_title: R Rotorua 9 May 2015 - R 2


charge:


facts:

Following the running of race 2, Lochinver Station Highweight, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Oatham, alleged that Mr Tata used the whip in an excessive manner prior to the 200 metres when riding VICKI ANNE.

Mr Tata acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b) provides: A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Mr Oatham demonstrated on the video films that Mr Tata used his whip 10 times prior to the 200 metres.

Mr Tata acknowledged that he struck his mount 10 times prior to the 200 metres. He said the track was very testing and he had to persuade his mount with the whip to keep its momentum up.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Tata admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Tata’s record which showed no previous breach under this Rule in the last 12 months. He said the number of strikes was towards the low end but the vigour displayed was at the high end. He noted that Mr Tata struck his mount every 2nd or 3rd stride but he said the incident stood out on the film. Mr Oatham asked the Committee to take into account Mr Tata has limited opportunities as a Jumps rider and submitted a penalty in the low to mid – range.

Mr Tata submitted that the incident was obvious on the film and had nothing further to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Tata’s admission of the breach, his clear record under this Rule, the number of strikes was at the low end, we observed that Mr Tata did pause between his strikes and we had regard for his status as a Jumps rider with limited opportunities. The aggravating fact was the severity of strikes which we assess was mid to high range.

The Committee did inform Mr Tata that the new JCA Penalty Guide recommended starting point was a $500 fine for a riders 1st offence. Given the significant mitigating factors the Committee determined a reduction in penalty was appropriate in this particular case.


penalty:

Accordingly, Mr Tata was fined $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr A Tata - Class D Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1905da2bf9cbcce42b543a60a7741016


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a4907eab13d80a00254d127356ea2653


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/05/2015


meet_title: Racing Rotorua - 9 May 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Racing Rotorua