R Te Aroha 25 September 2016 – R 10 – Chair, Mr N McCutcheon
ID: JCA12918
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 25 September 2016
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
AGodsalve
Race Date:
2016/09/25
Race Number:
R 10
Decision:
As the charge was admitted it was found to be proved by the Committee.
Penalty:
Having regard to the JCA starting point of $500, a discount was given for the reasons outlined above, with Ms Schwerin being fined $300.
Facts:
Following the running of R10 (Diprose Miller 1600), Information A7881 was filed with the Judicial Committee. Mr Coles, Stipendiary Steward, alleged that Ms Schwerin used her whip in an excessive manner prior to the 200m when riding BEYOND REACH.
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.
Ms Schwerin said that she understood the Rule, charge and confirmed to the committee that she admitted the breach.
Mr Williamson showed the film replays and said that Ms Schwerin had hit her horse approximately 10 times prior to the 200m without the required respite. He added that the horse was hit every second stride.
Ms Schwerin that she agreed with the Stipendiary Steward’s interpretation of her ride in that she struck the horse 10 times. However she added that she only hit the horse 3 times behind the saddle, the remainder were on the shoulder.
Mr Harris said that the Te Aroha track has a long straight and that riders are inclined to not count how many times they use the whip. He said that Ms Schwerin did not use the whip aggressively.
Submissions for Penalty:
Mr Coles said that Ms Schwerin had received a warning on 27 July 2016 regarding her whip use, but had not been charged since 24 October 2015. He said that her whip use was not aggressive and would place the breach at the lower end of the scale. He submitted that a fine in the $300 region would suffice.
Ms Schwerin said that she did not count the number of strikes, but did not intend to hurt her horse. She added that her horse became tired and that she did not hit it from the 200m.
Reasons for Penalty:
The committee considered the breach to be at the very low-end as Ms Schwerin did not hit the horse with force and that the strikes were only every second stride. Having said that, the RIU were correct in preferring the charge as excessive use of the whip is a serious horse welfare issue and riders need to realise that they must ride within the present guidelines.
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: 693274714e9208385affc3259a79a510
informantnumber: A7881
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 28/09/2016
hearing_title: R Te Aroha 25 September 2016 - R 10 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of R10 (Diprose Miller 1600), Information A7881 was filed with the Judicial Committee. Mr Coles, Stipendiary Steward, alleged that Ms Schwerin used her whip in an excessive manner prior to the 200m when riding BEYOND REACH.
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.
Ms Schwerin said that she understood the Rule, charge and confirmed to the committee that she admitted the breach.
Mr Williamson showed the film replays and said that Ms Schwerin had hit her horse approximately 10 times prior to the 200m without the required respite. He added that the horse was hit every second stride.
Ms Schwerin that she agreed with the Stipendiary Steward’s interpretation of her ride in that she struck the horse 10 times. However she added that she only hit the horse 3 times behind the saddle, the remainder were on the shoulder.
Mr Harris said that the Te Aroha track has a long straight and that riders are inclined to not count how many times they use the whip. He said that Ms Schwerin did not use the whip aggressively.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved by the Committee.
sumissionsforpenalty:
Mr Coles said that Ms Schwerin had received a warning on 27 July 2016 regarding her whip use, but had not been charged since 24 October 2015. He said that her whip use was not aggressive and would place the breach at the lower end of the scale. He submitted that a fine in the $300 region would suffice.
Ms Schwerin said that she did not count the number of strikes, but did not intend to hurt her horse. She added that her horse became tired and that she did not hit it from the 200m.
reasonsforpenalty:
The committee considered the breach to be at the very low-end as Ms Schwerin did not hit the horse with force and that the strikes were only every second stride. Having said that, the RIU were correct in preferring the charge as excessive use of the whip is a serious horse welfare issue and riders need to realise that they must ride within the present guidelines.
penalty:
Having regard to the JCA starting point of $500, a discount was given for the reasons outlined above, with Ms Schwerin being fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Jockey
Otherperson: Mr N Harris - Assisting Ms Schwerin, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 95803e31dfb628c052eb2e288e4f8f49
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 834b778a3d5c06a9a18c2af927439150
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2016
meet_title: Racing Te Aroha - 25 September 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: AGodsalve
meet_pm2: none
name: Racing Te Aroha