Archive Decision

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R Te Aroha 24 July 2016 – R 4 – Chair, Mr R Seabrook

ID: JCA16180

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Miss E Farr - Rider of THAT'S HOW IT GOES

Other Person:
Mr A Coles - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor

Information Number:
6957

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(11)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 24 July 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2016/07/24

Race Number:
R4

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above into account we impose a fine of $250. 

At the conclusion of the hearing Miss Farr was reminded that if she incurred a second offence under the whip rule within the next six months a 3 to 5 day suspension may be imposed.

Facts:

Following Race 4, the Cheltenham 2017 With Wheels 2200, an information was filed pursuant to rule 638 (3) (B) (11).

The informant alleged that Miss Farr used her whip in an excessive manner prior to the 200 metres. 

The rule reads as follows:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Coles demonstrated the video films pointing out Miss Farr striking her mount approximately fifteen times before the 200 metres.  Mr Coles conceded Miss Farr did give her mount respite for one or two strides but certainly not for the required six strides as set down under the whip guidelines. 

Miss Farr, while admitting the breach, said in her defence that her mount almost stopped coming round the final turn.  She said her mount was wearing blinkers and lugged out but when other horses came along side her he got going again and responded to the whip.

Mr Harris said it was obvious that Miss Farr's mount was sluggish in the ground and finding it hard work.  He noted also that Miss Farr's mount almost stopped on the turn but agreed that Miss Farr forgot to count the number of strikes she was giving her mount. 

Submissions for Penalty:

Mr Oatham said that Miss Farr had a very good record with no previous breaches of the whip rule.  He admitted it was a very testing track today and that Te Aroha has a very long straight.  Mr Oatham said that although Miss Farr gave a couple of pauses with her whip it was not enough and she is expected to ride within the whip guidelines.  He submitted a fine of $250 to $300 would be appropriate.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented.  In mitigation Miss Farr has a clear record under this rule and she has admitted the breach.  The committee also took into account the very heavy nature of the track and noted that Miss Farr's mount did respond to the whip resulting in a win.  The committee considers the severity of Miss Farr's whip strikes were at the low end.  However these factors must be balanced against the aggravating factor which was Miss Farr striking her mount fifteen times without the required respite.   

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: c69d90393809b7bd2d26d967984921d8


informantnumber: 6957


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 25/07/2016


hearing_title: R Te Aroha 24 July 2016 - R 4 - Chair, Mr R Seabrook


charge:


facts:

Following Race 4, the Cheltenham 2017 With Wheels 2200, an information was filed pursuant to rule 638 (3) (B) (11).

The informant alleged that Miss Farr used her whip in an excessive manner prior to the 200 metres. 

The rule reads as follows:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Coles demonstrated the video films pointing out Miss Farr striking her mount approximately fifteen times before the 200 metres.  Mr Coles conceded Miss Farr did give her mount respite for one or two strides but certainly not for the required six strides as set down under the whip guidelines. 

Miss Farr, while admitting the breach, said in her defence that her mount almost stopped coming round the final turn.  She said her mount was wearing blinkers and lugged out but when other horses came along side her he got going again and responded to the whip.

Mr Harris said it was obvious that Miss Farr's mount was sluggish in the ground and finding it hard work.  He noted also that Miss Farr's mount almost stopped on the turn but agreed that Miss Farr forgot to count the number of strikes she was giving her mount. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said that Miss Farr had a very good record with no previous breaches of the whip rule.  He admitted it was a very testing track today and that Te Aroha has a very long straight.  Mr Oatham said that although Miss Farr gave a couple of pauses with her whip it was not enough and she is expected to ride within the whip guidelines.  He submitted a fine of $250 to $300 would be appropriate.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented.  In mitigation Miss Farr has a clear record under this rule and she has admitted the breach.  The committee also took into account the very heavy nature of the track and noted that Miss Farr's mount did respond to the whip resulting in a win.  The committee considers the severity of Miss Farr's whip strikes were at the low end.  However these factors must be balanced against the aggravating factor which was Miss Farr striking her mount fifteen times without the required respite.   


penalty:

Accordingly after taking all the above into account we impose a fine of $250. 

At the conclusion of the hearing Miss Farr was reminded that if she incurred a second offence under the whip rule within the next six months a 3 to 5 day suspension may be imposed.


hearing_type: Hearing


Rules: 638(3)(b)(11)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Miss E Farr - Rider of THAT'S HOW IT GOES


Otherperson: Mr A Coles - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: d78305d4008d34abe7d020a38163cd33


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8d8549670d2d7365ed61b1b20ef4090d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/07/2016


meet_title: Racing Te Aroha - 24 July 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Te Aroha