Archive Decision

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R Te Aroha 28 September 2012 – R 5

ID: JCA12012

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr J Waddell - Licensed Rider

Other Person:
Mr L Tidmarsh - Trainee Stipendiary Steward

Information Number:
A4543

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 28 September 2012

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2012/09/28

Race Number:
R 5

Decision:

As Mr Waddell admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a fine of $175.

Charge:

Following race 5, an information was filed pursuant to Rule 638(3) (b). The informant, Mr Oatham alleged that Mr Waddell used the whip excessively on his mount WOWOWOW.             

Facts:

Mr Tidmarsh demonstrated the incident by using all the available films. He pointed out to the committee that Mr Waddell riding WOWOWOW struck his mount 15 times before the 200 metres without giving the required respite.

Mr Waddell informed the committee as soon as he pulled up he was aware he had exceeded the allowable number of strikes with the whip. He said he was riding the favourite which was under pressure to make ground and needed the whip to respond. He said he was not a whip rider.

Submissions for Penalty:

Mr Oatham produced Mr Waddell's record which showed he had a clear record under this rule dating back to 2001. He said this was an outstanding record noting his use of the whip was out of character. However, he said today's breach was well outside the guidelines and submitted an appropriate penalty would be a fine in the range of $150 to $200.

Mr Waddell submitted that a fine of that amount was excessive as he was only back handing his mount.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Waddell's admission of the breach and his excellent record. However, this has to be balanced against the number of strikes which we assess as low to mid range. We then referred to the JCA penalty guide and recent penalties imposed under this rule. After taking into account all these factors we believe an appropriate penalty is a fine of $175.

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: 2fe6ee0d770d192bf966328cad18cd05


informantnumber: A4543


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 05/09/2012


hearing_title: R Te Aroha 28 September 2012 - R 5


charge:

Following race 5, an information was filed pursuant to Rule 638(3) (b). The informant, Mr Oatham alleged that Mr Waddell used the whip excessively on his mount WOWOWOW.             


facts:

Mr Tidmarsh demonstrated the incident by using all the available films. He pointed out to the committee that Mr Waddell riding WOWOWOW struck his mount 15 times before the 200 metres without giving the required respite.

Mr Waddell informed the committee as soon as he pulled up he was aware he had exceeded the allowable number of strikes with the whip. He said he was riding the favourite which was under pressure to make ground and needed the whip to respond. He said he was not a whip rider.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Waddell admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Waddell's record which showed he had a clear record under this rule dating back to 2001. He said this was an outstanding record noting his use of the whip was out of character. However, he said today's breach was well outside the guidelines and submitted an appropriate penalty would be a fine in the range of $150 to $200.

Mr Waddell submitted that a fine of that amount was excessive as he was only back handing his mount.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Waddell's admission of the breach and his excellent record. However, this has to be balanced against the number of strikes which we assess as low to mid range. We then referred to the JCA penalty guide and recent penalties imposed under this rule. After taking into account all these factors we believe an appropriate penalty is a fine of $175.


penalty:

Accordingly, we impose a fine of $175.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr J Waddell - Licensed Rider


Otherperson: Mr L Tidmarsh - Trainee Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5d1d60dc4ee1b235b50b6c1031b0c5e5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 25cc70e307340df41eada471422e7074


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/09/2012


meet_title: Racing Te Aroha - 28 September 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Racing Te Aroha