R Te Aroha 18 June 2014 – R 3
ID: JCA13143
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 18 June 2014
Meet Chair:
ADooley
Race Date:
2014/06/18
Race Number:
R3
Decision:
As Mr McKay admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr McKay is fined the sum of $200.
Facts:
Following the running of race 3, Super Liquor Te Aroha 2200, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr McKay used the whip excessively prior to the 200 metres on his mount INA JAM.
Mr McKay acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Williamson demonstrated on the video films that Mr McKay used his whip approximately19 times between the turn and the 200 metres. He said this was clearly outside the whip guidelines.
Mr McKay acknowledged he struck his mount 19 times prior to the 200 metres. He advised the Committee this was his 20th ride and put the error down to a lack of experience. He added Mr Oatham had spoken to all amateur riders prior to the race regarding the whip guidelines.
In response to a question from the Committee, Mr McKay conceded he got excited when his mount was racing near the lead and added he was over competitive.
Submissions for Penalty:
Mr Oatham produced Mr McKay's record which showed 1 previous breach under this Rule in the last 12 months. This occurred on 29 September incurring a $150 fine. Mr Oatham said the opportunities for amateur riders are limited but was of the view Mr McKay had enough experience. Mr Oatham confirmed that he addressed all riders prior to race 3 and was disappointed Mr McKay breached the Rules on the back of his guidance. He said the number of strikes were at the high end and it was not a good look for animal welfare. Mr Oatham submitted a fine not less than $150 would be appropriate.
Mr McKay submitted that amateur riders don’t get paid and this was only his second ride this year.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr McKay's admission of the breach. The number of strikes (19) is assessed as high – range and the severity is assessed at the low end. The aggravating facts are this is Mr McKay’s second breach of this Rule in the last 12 months and Mr McKay was spoken to by Mr Oatham before the race outlining the whip Rule.
The Committee had regard for the fact Mr McKay is an amateur rider and note that INA JAM was unplaced in the race.
Before imposing penalty the Committee referred to similar breaches under this Rule for amateur riders.
After taking into account all the above factors the Committee considers a fine of $200 is 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: 48f17fffcb2b90a268a140c356000a1c
informantnumber: A6575
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: R Te Aroha 18 June 2014 - R 3
charge:
facts:
Following the running of race 3, Super Liquor Te Aroha 2200, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Oatham, alleged that Mr McKay used the whip excessively prior to the 200 metres on his mount INA JAM.
Mr McKay acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Williamson demonstrated on the video films that Mr McKay used his whip approximately19 times between the turn and the 200 metres. He said this was clearly outside the whip guidelines.
Mr McKay acknowledged he struck his mount 19 times prior to the 200 metres. He advised the Committee this was his 20th ride and put the error down to a lack of experience. He added Mr Oatham had spoken to all amateur riders prior to the race regarding the whip guidelines.
In response to a question from the Committee, Mr McKay conceded he got excited when his mount was racing near the lead and added he was over competitive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKay admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr McKay's record which showed 1 previous breach under this Rule in the last 12 months. This occurred on 29 September incurring a $150 fine. Mr Oatham said the opportunities for amateur riders are limited but was of the view Mr McKay had enough experience. Mr Oatham confirmed that he addressed all riders prior to race 3 and was disappointed Mr McKay breached the Rules on the back of his guidance. He said the number of strikes were at the high end and it was not a good look for animal welfare. Mr Oatham submitted a fine not less than $150 would be appropriate.
Mr McKay submitted that amateur riders don’t get paid and this was only his second ride this year.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr McKay's admission of the breach. The number of strikes (19) is assessed as high – range and the severity is assessed at the low end. The aggravating facts are this is Mr McKay’s second breach of this Rule in the last 12 months and Mr McKay was spoken to by Mr Oatham before the race outlining the whip Rule.
The Committee had regard for the fact Mr McKay is an amateur rider and note that INA JAM was unplaced in the race.
Before imposing penalty the Committee referred to similar breaches under this Rule for amateur riders.
After taking into account all the above factors the Committee considers a fine of $200 is appropriate.
penalty:
Accordingly, Mr McKay is fined the sum of $200.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr J McKay (Class E Rider)
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6b7e448c185f458a37e467068a53e927
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b6567e6131475a8a824b24e766ebd8b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/06/2014
meet_title: Racing Te Aroha - 18 June 2014
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