R Tauranga 18 November 2017 – R 8 – Chair, Mr A Dooley
ID: JCA13191
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 18 November 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/11/18
Race Number:
R8
Decision:
As Ms Andrew admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Andrew had her license to ride in races suspended for a period to commence after racing on 19 November and conclude after racing on 29 November 2017 (6 national riding days).
Facts:
Following the running of race 8, Devan Plastics Handicap Rating 65, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Andrew used her whip excessively on THE BANDITO prior to the 100 metres.
Ms Andrew acknowledged that she understood the Rule and confirmed her admission of the breach. Ms Andrew was assisted at the hearing by Mr N Harris.
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” effective 1 August 2017 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 Coles demonstrated the incident using the available video footage. He identified Ms Andrew and showed that she struck her mount 11 times prior to the 100 metres. He said that Ms Andrew had 2 respites of 3 to 4 strides but not for the minimum 5 strides.
Ms Andrew said she felt that she could win the race and got a bit excited.
Submissions for Penalty:
Mr Williamson said that Ms Andrew had 2 previous breaches of this Rule since 1 August 2017.
26/8/2017 - $300 fine
2/9/2017 - $500 fine
Mr Williamson said to be consistent with previous penalties imposed a 6 day suspension would be appropriate. He said that Ms Andrew failed to give her mount sufficient breaks with the whip and assessed the incident as low range.
Ms Andrew said that she had spoken to her employer Mr Gray and advised that she had commitments at Waverley on 19 November and any proposed suspension could start after that date.
Mr Harris said that today was Ms Andrew’s first ride on a right handed track.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
There were no aggravating factors.
The mitigating factors were Ms Andrew’s admission of the breach, the total number of strikes (11) was low to mid-range and the severity of strikes was low. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
THE BANDITO finished in 1st place but there was no suggestion any advantage had been gained from Ms Andrew’s actions.
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: 506e7f5f27bca52700a0cf620a734459
informantnumber: A9491
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2017
hearing_title: R Tauranga 18 November 2017 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Devan Plastics Handicap Rating 65, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Andrew used her whip excessively on THE BANDITO prior to the 100 metres.
Ms Andrew acknowledged that she understood the Rule and confirmed her admission of the breach. Ms Andrew was assisted at the hearing by Mr N Harris.
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” effective 1 August 2017 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 Coles demonstrated the incident using the available video footage. He identified Ms Andrew and showed that she struck her mount 11 times prior to the 100 metres. He said that Ms Andrew had 2 respites of 3 to 4 strides but not for the minimum 5 strides.
Ms Andrew said she felt that she could win the race and got a bit excited.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Andrew admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Ms Andrew had 2 previous breaches of this Rule since 1 August 2017.
26/8/2017 - $300 fine
2/9/2017 - $500 fine
Mr Williamson said to be consistent with previous penalties imposed a 6 day suspension would be appropriate. He said that Ms Andrew failed to give her mount sufficient breaks with the whip and assessed the incident as low range.
Ms Andrew said that she had spoken to her employer Mr Gray and advised that she had commitments at Waverley on 19 November and any proposed suspension could start after that date.
Mr Harris said that today was Ms Andrew’s first ride on a right handed track.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
There were no aggravating factors.
The mitigating factors were Ms Andrew’s admission of the breach, the total number of strikes (11) was low to mid-range and the severity of strikes was low. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
THE BANDITO finished in 1st place but there was no suggestion any advantage had been gained from Ms Andrew’s actions.
penalty:
Accordingly, Ms Andrew had her license to ride in races suspended for a period to commence after racing on 19 November and conclude after racing on 29 November 2017 (6 national riding days).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms H Andrew - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Ms Andrew, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e0111d6cbf0982711cc8157fa0d7e4d1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 558b1267889273e3659ab744c64fa921
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/11/2017
meet_title: Racing Tauranga - 18 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Racing Tauranga