Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

R Te Aroha 23 August 2020 – R 8 – Chair, Mr N McCutcheon

ID: JCA15225

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Ms T Newman - Apprentice Jockey - Rider of JUDYS SONG

Other Person:
Ms P Gerard - Assisting Ms Newman, Ms V Algar - Stipendiary Steward

Information Number:
A12930

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 23 August 2020

Meet Chair:
GJones

Race Date:
2020/08/23

Race Number:
R 8

Decision:

As the charge was admitted it was deemed proved by the Committee.

Penalty:

Ms Newman’s Apprentice Jockey Licence was suspended from the close of racing on 23 August through to the end of racing on 4 September 2020 (6 Riding-Days).

Facts:

Following the running of Race 8 (Rangiora Equine-Julie Laurich Memorial 1400), Information No. A12930 was filed with the Judicial Committee. It was alleged by the Informant that Ms Newman the Rider of JUDYS SONG used her whip excessively prior to the 100m.

Ms Newman said that she understood the Rule, the Charge and confirmed that she admitted the breach of the Rule.

Ms Algar showed the film replays and said that Ms Newman struck her horse with the whip 9 times prior to the 100m. She added that the number of strikes was 4 over the limit.

Ms Newman said that she did hit her horse 9 times but that they were only half hits and that she was trying to get her horse interested in going forward.

Ms Gerard said that the strikes were not forceful and that Ms Newman had not turned the stick over. She added that she (Ms Newman) was attempting to keep her horse straight and interested.

Submissions for Penalty:

Mr Jones produced Ms Newman’s record which showed that on 25 July 2020 a fine of $300 was imposed for excessive use of the whip, and again on 22 August 2020 a fine of $500 was imposed for a whip breach. Both of these breaches were for striking her mounts 8 times prior to the 100m.

Ms Newman and Ms Gerard said that due to Covid-19 there was not as many racemeetings being held and in spite of working hard it was difficult to get rides. Ms Newman reiterated that they were only half taps.

Discussion then took place as to when a suspension could commence.

Reasons for Penalty:

Taking all submissions into consideration, it could not be justified why there should be a departure from the JCA Penalty Guide of a 6 Riding-Day Suspension for a third breach of the Rule in 12 months.

It was noted that on the day prior to this meeting Ms Newman was fined $500 for a breach of the Whip Rule.

Whilst a lot of force was not used, the fact remains that the Respondent had hit her horse 9 times. As Ms Newman has been a habitual offender in recent times the penalty imposed needs to be sufficient to deter and to send a clear message that this type of riding is unacceptable.

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: 7835d2745c640c74c2caece271ef7de2


informantnumber: A12930


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/08/2020


hearing_title: R Te Aroha 23 August 2020 - R 8 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 8 (Rangiora Equine-Julie Laurich Memorial 1400), Information No. A12930 was filed with the Judicial Committee. It was alleged by the Informant that Ms Newman the Rider of JUDYS SONG used her whip excessively prior to the 100m.

Ms Newman said that she understood the Rule, the Charge and confirmed that she admitted the breach of the Rule.

Ms Algar showed the film replays and said that Ms Newman struck her horse with the whip 9 times prior to the 100m. She added that the number of strikes was 4 over the limit.

Ms Newman said that she did hit her horse 9 times but that they were only half hits and that she was trying to get her horse interested in going forward.

Ms Gerard said that the strikes were not forceful and that Ms Newman had not turned the stick over. She added that she (Ms Newman) was attempting to keep her horse straight and interested.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed proved by the Committee.


sumissionsforpenalty:

Mr Jones produced Ms Newman’s record which showed that on 25 July 2020 a fine of $300 was imposed for excessive use of the whip, and again on 22 August 2020 a fine of $500 was imposed for a whip breach. Both of these breaches were for striking her mounts 8 times prior to the 100m.

Ms Newman and Ms Gerard said that due to Covid-19 there was not as many racemeetings being held and in spite of working hard it was difficult to get rides. Ms Newman reiterated that they were only half taps.

Discussion then took place as to when a suspension could commence.


reasonsforpenalty:

Taking all submissions into consideration, it could not be justified why there should be a departure from the JCA Penalty Guide of a 6 Riding-Day Suspension for a third breach of the Rule in 12 months.

It was noted that on the day prior to this meeting Ms Newman was fined $500 for a breach of the Whip Rule.

Whilst a lot of force was not used, the fact remains that the Respondent had hit her horse 9 times. As Ms Newman has been a habitual offender in recent times the penalty imposed needs to be sufficient to deter and to send a clear message that this type of riding is unacceptable.


penalty:

Ms Newman’s Apprentice Jockey Licence was suspended from the close of racing on 23 August through to the end of racing on 4 September 2020 (6 Riding-Days).


hearing_type: Hearing


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


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Ms T Newman - Apprentice Jockey - Rider of JUDYS SONG


Otherperson: Ms P Gerard - Assisting Ms Newman, Ms V Algar - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a3af5e876c09a84acd5302f72d9131a9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 46ad5568bcac14726623a3a9907a28df


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/08/2020


meet_title: Racing Te Aroha - 23 August 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: none


meet_pm2: none


name: Racing Te Aroha