Archive Decision

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R Tauranga 20 January 2017 – R 2 – CHair, Mr N McCutcheon

ID: JCA16237

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms E Farr - Apprentice Jockey

Other Person:
Mr G Rogerson - assisting Ms Farr, Mr C Lammas - Licensed Jockey, Mr M Williamson - Stipendiary Steward

Information Number:
A8854

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
denied

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 20 January 2017

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
RSeabrook

Race Date:
2017/01/20

Race Number:
R 2

Decision:

The charge was proved.

Penalty:

Having regard to the penalty guideline regarding excessive use of the whip Ms Farr was fined $400.

Facts:

Following the running of Race 2 (Plus 4 Insurance Solutions 1200), Information A8854 was filed with the Judicial Committee. It alleged that Ms Farr used her whip in an excessive manner prior to the 200m when riding MELODY CELEBRE.

Mr Rogerson, on behalf of Ms Farr, said that the Rule was understood and confirmed that the alleged breach was not admitted.

Rule 638(3)(b)(ii) provides:
A rider shall not strike a horse with a whip in a manner or to an extent which is (ii) excessive.

Submissions for Decision:

Mr Williamson showed all films and said that Ms Farr had hit her horse 10 times prior to the 200m. He said that the strikes were not severe and that the whip was used in a back-hand manner. He said that Ms Farr did not give the 6-stride respite but did give a break of approximately 4 strides.

Ms Farr said that just before the home straight she got hit in the face by a clod of dirt and that she momentarily lost concentration and as a result did not count. She said that fellow Jockey Mr Lammas was racing close by at the time and commented to her about being hit by the clod when they pulled up after the race.

Mr Rogerson called Mr Lammas who confirmed such occurrence had taken place.

Mr Coles said that Ms Farr, on two occasions, did give a break for 3-4 strides, that the strikes were not aggressive and that she was only just outside the guidelines for acceptable use of the whip.

Mr Rogerson for Ms Farr asked that the committee take into account that the decision to charge was borderline, the strikes were not aggressive, with one being a flick only on the shoulder. He said her only fault was that she did not quite wait for the 6 strides. He added that Ms Farr had worked very hard on her prior whip use problem.

Reasons for Decision:

Subsequent to considering all matters put forward, the committee was satisfied that Ms Farr’s whip use was just outside the guidelines of 6-on 6-off, as a consequence she was in breach of Rule 638(3)(b)(ii).

Submissions for Penalty:

Mr Coles said that Ms Farr had not used the whip aggressively, was just outside the whip guidelines and that the breach was at the lower-end of the scale. Ms Farr’s record showed that she had 3 prior breaches during the past 12 months, with the last being at Canterbury on 6 August 2016.

Mr Coles said that since that time Ms Farr’s whip riding had improved immensely and that she had not been spoken to or warned regarding such since her last breach.

Mr Rogerson said that Ms Farr was riding at Gore the next day and that she intended to ride throughout New Zealand. He invited the committee to take into account that Ms Farr’s whip use had improved and that she had a clear record since 6 August 2016.

Reasons for Penalty:

The committee had regard for the manner in which the whip was used (light strikes), that there was some respite between strikes and the fact that Ms Farr was struck by a clod of dirt. The committee also took into account that her whip use had improved significantly since last being charged in August 2016.

The committee determined that the breach was at the low-end of the scale and that a monetary penalty was appropriate.

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: ce2ee2611d61a592c589e9892b08c8ac


informantnumber: A8854


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: denied


penaltyrequired: 1


decisiondate: 22/01/2017


hearing_title: R Tauranga 20 January 2017 - R 2 - CHair, Mr N McCutcheon


charge:


facts:

Following the running of Race 2 (Plus 4 Insurance Solutions 1200), Information A8854 was filed with the Judicial Committee. It alleged that Ms Farr used her whip in an excessive manner prior to the 200m when riding MELODY CELEBRE.

Mr Rogerson, on behalf of Ms Farr, said that the Rule was understood and confirmed that the alleged breach was not admitted.

Rule 638(3)(b)(ii) provides:
A rider shall not strike a horse with a whip in a manner or to an extent which is (ii) excessive.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson showed all films and said that Ms Farr had hit her horse 10 times prior to the 200m. He said that the strikes were not severe and that the whip was used in a back-hand manner. He said that Ms Farr did not give the 6-stride respite but did give a break of approximately 4 strides.

Ms Farr said that just before the home straight she got hit in the face by a clod of dirt and that she momentarily lost concentration and as a result did not count. She said that fellow Jockey Mr Lammas was racing close by at the time and commented to her about being hit by the clod when they pulled up after the race.

Mr Rogerson called Mr Lammas who confirmed such occurrence had taken place.

Mr Coles said that Ms Farr, on two occasions, did give a break for 3-4 strides, that the strikes were not aggressive and that she was only just outside the guidelines for acceptable use of the whip.

Mr Rogerson for Ms Farr asked that the committee take into account that the decision to charge was borderline, the strikes were not aggressive, with one being a flick only on the shoulder. He said her only fault was that she did not quite wait for the 6 strides. He added that Ms Farr had worked very hard on her prior whip use problem.


reasonsfordecision:

Subsequent to considering all matters put forward, the committee was satisfied that Ms Farr’s whip use was just outside the guidelines of 6-on 6-off, as a consequence she was in breach of Rule 638(3)(b)(ii).


Decision:

The charge was proved.


sumissionsforpenalty:

Mr Coles said that Ms Farr had not used the whip aggressively, was just outside the whip guidelines and that the breach was at the lower-end of the scale. Ms Farr’s record showed that she had 3 prior breaches during the past 12 months, with the last being at Canterbury on 6 August 2016.

Mr Coles said that since that time Ms Farr’s whip riding had improved immensely and that she had not been spoken to or warned regarding such since her last breach.

Mr Rogerson said that Ms Farr was riding at Gore the next day and that she intended to ride throughout New Zealand. He invited the committee to take into account that Ms Farr’s whip use had improved and that she had a clear record since 6 August 2016.


reasonsforpenalty:

The committee had regard for the manner in which the whip was used (light strikes), that there was some respite between strikes and the fact that Ms Farr was struck by a clod of dirt. The committee also took into account that her whip use had improved significantly since last being charged in August 2016.

The committee determined that the breach was at the low-end of the scale and that a monetary penalty was appropriate.


penalty:

Having regard to the penalty guideline regarding excessive use of the whip Ms Farr was fined $400.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms E Farr - Apprentice Jockey


Otherperson: Mr G Rogerson - assisting Ms Farr, Mr C Lammas - Licensed Jockey, Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7895641b97d22db0116caf9b7d8594f9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 503db85b6a557304fe188db7463a8d7a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/01/2017


meet_title: Racing Tauranga - 20 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: RSeabrook


meet_pm2: none


name: Racing Tauranga