R Te Aroha 15 August 2018 – R 8 – Chair, Mr A Dooley
ID: JCA13623
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 15 August 2018
Meet Chair:
ADooley
Race Date:
2018/08/15
Race Number:
R8
Decision:
As Mr Myers admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Myers was fined $250.
Facts:
Following the running of race 8, Flair Amateur Riders Series 1600, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Amateur rider, Mr L Myers used the whip excessively when riding MERLOT.
Mr Myers said that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Myers at the hearing.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Myers and showed that he struck his mount 12 times prior to the 100 metres. He said there were 3 pauses but they were not for the minimum 5 strides.
Mr Myers accepted that he struck his mount 12 times without the required respite prior to the 100 metres. He added that he misjudged the number of strikes.
Mr Harris said that today was Mr Myers 2nd raceday ride. He said as a young 15 year old Amateur rider, he would learn from the experience. He added that in the home straight Mr Myers thought he could win the race.
Submissions for Penalty:
Mr Jones said that Mr Myers has a clear record and the breach was low end. He said Mr Myers failed to give his mount the minimum respite of 5 strides and a monetary fine would be an appropriate penalty.
Mr Myers had no submissions on penalty.
In response to a question from the Committee, Mr Myers advised that he would be able to pay a fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of this Rule is a $300 fine which includes mitigating factors.
As a general rule Judicial Committees will not apply a discount to any proposed penalty for breaches of this Rule unless there are exceptional circumstances.
There were no aggravating factors.
The mitigating factors were Mr Myers admission of the breach, his clear record. The total number of strikes were in the low to mid-range and the force of the strikes were low range.
The Committee deemed that with Mr Myers having just his 2nd raceday ride as an Amateur rider who receives no riding fee were exceptional circumstances.
MERLOT finished in 2nd place.
After taking into account all the above factors the Committee considered a $50 discount from the $300 starting point would be appropriate in this case. This approach is consistent with Amateur rider, Mr Isdale’s excessive use of whip penalty on 6 July 2018.
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: 4f20b4b53c0ca9f7c916d327875b680c
informantnumber: A09658
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/08/2018
hearing_title: R Te Aroha 15 August 2018 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Flair Amateur Riders Series 1600, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged that Amateur rider, Mr L Myers used the whip excessively when riding MERLOT.
Mr Myers said that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Myers at the hearing.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Myers and showed that he struck his mount 12 times prior to the 100 metres. He said there were 3 pauses but they were not for the minimum 5 strides.
Mr Myers accepted that he struck his mount 12 times without the required respite prior to the 100 metres. He added that he misjudged the number of strikes.
Mr Harris said that today was Mr Myers 2nd raceday ride. He said as a young 15 year old Amateur rider, he would learn from the experience. He added that in the home straight Mr Myers thought he could win the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Myers admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Myers has a clear record and the breach was low end. He said Mr Myers failed to give his mount the minimum respite of 5 strides and a monetary fine would be an appropriate penalty.
Mr Myers had no submissions on penalty.
In response to a question from the Committee, Mr Myers advised that he would be able to pay a fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of this Rule is a $300 fine which includes mitigating factors.
As a general rule Judicial Committees will not apply a discount to any proposed penalty for breaches of this Rule unless there are exceptional circumstances.
There were no aggravating factors.
The mitigating factors were Mr Myers admission of the breach, his clear record. The total number of strikes were in the low to mid-range and the force of the strikes were low range.
The Committee deemed that with Mr Myers having just his 2nd raceday ride as an Amateur rider who receives no riding fee were exceptional circumstances.
MERLOT finished in 2nd place.
After taking into account all the above factors the Committee considered a $50 discount from the $300 starting point would be appropriate in this case. This approach is consistent with Amateur rider, Mr Isdale’s excessive use of whip penalty on 6 July 2018.
penalty:
Accordingly, Mr Myers was fined $250.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr L Myers - Class E Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr L Myers, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f3cb28ba92f16d11e539326bf505d488
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:
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meetid: cf05f0a48411c53c781449fc9fe7be35
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/08/2018
meet_title: Racing Te Aroha - 15 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Te Aroha