R Te Aroha 18 July 2018 – R 6 – Chair, Mr A Dooley
ID: JCA16581
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 18 July 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/07/18
Race Number:
R6
Decision:
As Mr Jensen admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Jensen was fined $300.
Facts:
Following the running of race 6, Morrinsville Trotting Club Steeplechase, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Jensen used the whip excessively on his mount BIG MEADSY.
Mr Jensen confirmed that he admitted the breach and acknowledged he understood the Rule and the Guidelines.
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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
• using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Jensen jumping the final fence and said from that point up to the 100 metre mark he used his whip 9 times. He said the Stewards were concerned with Mr Jensen’s whip action over the concluding stages of the race. He added that Mr Jensen is a relatively inexperienced rider and he needs to work on his style when using the whip.
Mr Jensen accepted the Stewards' account of the incident. He said he raised his arm above his shoulder because Ms Farr was racing in close quarters on his inside. He said that he did not want to strike her with the whip and he doesn’t normally use his whip in that manner.
Submissions for Penalty:
Mr Jones said that Mr Jensen had admitted the breach and he had a clear record under this Rule. He said the breach was in the low to midrange and submitted that a fine in the vicinity of $300 fine should be imposed.
Mr Jensen confirmed that he had a clear record under this Rule and made no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine.
In our deliberations we reviewed the video footage of the concluding stages of the race. We observed that Mr Jensen did indeed raise his whip above his shoulder for 2 strikes when in close proximity to Ms Farr’s mount. Whilst it does not discharge him of his obligations to ensure he does not use his whip above shoulder height, it does partly explain why it occurred on this occasion. The Committee advised Mr Jensen that given similar circumstances in the future he should refrain from using his whip in that manner.
It was clear when reviewing the incident that the 9 strikes prior to the 100 metres were continuous but not forceful.
The Committee have noted Mr Jensen’s admission of the breach and his clear record under this Rule. The NZTR records show that Mr Jensen has had 25 rides to date this racing season.
After taking into account all the above factors the Committee considered that a $300 fine would be an appropriate penalty.
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: c8790ae7d2126b189ced63ba4a8f7c3e
informantnumber: A09653
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/07/2018
hearing_title: R Te Aroha 18 July 2018 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Morrinsville Trotting Club Steeplechase, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Jensen used the whip excessively on his mount BIG MEADSY.
Mr Jensen confirmed that he admitted the breach and acknowledged he understood the Rule and the Guidelines.
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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
• using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Jensen jumping the final fence and said from that point up to the 100 metre mark he used his whip 9 times. He said the Stewards were concerned with Mr Jensen’s whip action over the concluding stages of the race. He added that Mr Jensen is a relatively inexperienced rider and he needs to work on his style when using the whip.
Mr Jensen accepted the Stewards' account of the incident. He said he raised his arm above his shoulder because Ms Farr was racing in close quarters on his inside. He said that he did not want to strike her with the whip and he doesn’t normally use his whip in that manner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Jensen admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Jensen had admitted the breach and he had a clear record under this Rule. He said the breach was in the low to midrange and submitted that a fine in the vicinity of $300 fine should be imposed.
Mr Jensen confirmed that he had a clear record under this Rule and made no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine.
In our deliberations we reviewed the video footage of the concluding stages of the race. We observed that Mr Jensen did indeed raise his whip above his shoulder for 2 strikes when in close proximity to Ms Farr’s mount. Whilst it does not discharge him of his obligations to ensure he does not use his whip above shoulder height, it does partly explain why it occurred on this occasion. The Committee advised Mr Jensen that given similar circumstances in the future he should refrain from using his whip in that manner.
It was clear when reviewing the incident that the 9 strikes prior to the 100 metres were continuous but not forceful.
The Committee have noted Mr Jensen’s admission of the breach and his clear record under this Rule. The NZTR records show that Mr Jensen has had 25 rides to date this racing season.
After taking into account all the above factors the Committee considered that a $300 fine would be an appropriate penalty.
penalty:
Accordingly, Mr Jensen was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr D Jensen - Class D Jockey
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a112d9accaf072eee8fbf95403953462
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b16fa85fa0007d3b02b8722bae216480
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2018
meet_title: Racing Te Aroha - 18 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Racing Te Aroha