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 3 July 2016 – R 7 – Chair, Mr A Dooley

ID: JCA10591

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms E Goodinson - Class D Rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A7870

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 3 July 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/07/03

Race Number:
R7

Decision:

As Ms Goodinson admitted the breach we find the charge proved.

Penalty:

Accordingly, Ms Goodinson was fined $300.

In conclusion the Committee guided Ms Goodinson with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

Facts:

Following the running of race 7, Maramarua & Waikato Hunt 1600, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Ms Goodinson used the whip excessively on her mount SO KEEP EM.

Ms Goodinson acknowledged that she understood the Rule and admitted the breach.

Rule 638(3) (b) provides A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

Mr Oatham demonstrated on the video films that Ms Goodinson used her whip approximately 12 times prior to the 200 metres. He said the strikes were not continuous and believed there was no intent on Ms Goodinson’s part to hit her horse hard. He advised the Committee that Ms Goodinson had recently arrived in New Zealand and was still getting used to the Rules.

Ms Goodinson told the Committee that she was an inexperienced rider who had limited opportunities in England and was confused with the New Zealand Rules. She conceded it was only when the Stewards spoke to her after the race today that she now has a better understanding of the Rules.

Submissions for Penalty:

Mr Coles produced Ms Goodinson’s record which showed no previous breach under this Rule from 19 rides in New Zealand. He said Ms Goodinson was still relatively inexperienced and recognised the she was confused about the required whip respite. He said Ms Goodinson should be given credit for her admission of the breach and submitted a fine in the vicinity of $200.

Ms Goodinson submitted that a $200 fine would be an appropriate penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Ms Goodinson’s admission of the breach and her clear record under this Rule from just 19 rides. The Committee assess the number of strikes (12) was near mid – range and the severity of strikes was low to mid - range. We acknowledge the frequency of strikes were not continuous and there were clear pauses.

The Committee did inform Ms Goodinson that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It is recognised that Ms Goodinson, as a high-weight and jumps rider, has limited opportunities in comparison to that of a flat rider however excessive use of the whip will not be tolerated.

The Committee advised Ms Goodinson regarding animal welfare issues and public perception when it came to whip offences.

The Committee told Ms Goodinson as a license holder she had an obligation to understand the Rules. We advised Ms Goodinson that if there was any doubt in her mind regarding the New Zealand Rules of Racing she should seek guidance from the Stipendiary Stewards.

After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.

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: 032aeb0aa5cea1def7db8b73c64fe034


informantnumber: A7870


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/07/2016


hearing_title: R Te Aroha 3 July 2016 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Maramarua & Waikato Hunt 1600, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Ms Goodinson used the whip excessively on her mount SO KEEP EM.

Ms Goodinson acknowledged that she understood the Rule and admitted the breach.

Rule 638(3) (b) provides A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

Mr Oatham demonstrated on the video films that Ms Goodinson used her whip approximately 12 times prior to the 200 metres. He said the strikes were not continuous and believed there was no intent on Ms Goodinson’s part to hit her horse hard. He advised the Committee that Ms Goodinson had recently arrived in New Zealand and was still getting used to the Rules.

Ms Goodinson told the Committee that she was an inexperienced rider who had limited opportunities in England and was confused with the New Zealand Rules. She conceded it was only when the Stewards spoke to her after the race today that she now has a better understanding of the Rules.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Goodinson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Goodinson’s record which showed no previous breach under this Rule from 19 rides in New Zealand. He said Ms Goodinson was still relatively inexperienced and recognised the she was confused about the required whip respite. He said Ms Goodinson should be given credit for her admission of the breach and submitted a fine in the vicinity of $200.

Ms Goodinson submitted that a $200 fine would be an appropriate penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Ms Goodinson’s admission of the breach and her clear record under this Rule from just 19 rides. The Committee assess the number of strikes (12) was near mid – range and the severity of strikes was low to mid - range. We acknowledge the frequency of strikes were not continuous and there were clear pauses.

The Committee did inform Ms Goodinson that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It is recognised that Ms Goodinson, as a high-weight and jumps rider, has limited opportunities in comparison to that of a flat rider however excessive use of the whip will not be tolerated.

The Committee advised Ms Goodinson regarding animal welfare issues and public perception when it came to whip offences.

The Committee told Ms Goodinson as a license holder she had an obligation to understand the Rules. We advised Ms Goodinson that if there was any doubt in her mind regarding the New Zealand Rules of Racing she should seek guidance from the Stipendiary Stewards.

After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.


penalty:

Accordingly, Ms Goodinson was fined $300.

In conclusion the Committee guided Ms Goodinson with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms E Goodinson - Class D Rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 87a4cecfe2401422d480f56b743fc81a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0f1e5b4d8ca56366465d1457a10a426e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/07/2016


meet_title: Racing Te Aroha - 3 July 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Te Aroha