Archive Decision

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R Te Aroha 6 July 2018 – R 3 – Chair, Mr G Jones

ID: JCA17899

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr C Isdale - Class D Jockey

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10139

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 6 July 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/07/06

Race Number:
R3

Decision:

As Mr Isdale admitted the breach the charge is proved. 

Penalty:

Accordingly, Mr Isdale is fined the sum of $250.

Facts:

Following the running of race 3, the Flair Amateurs Rider Series 2200, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that Amateur rider, Mr C Isdale used his whip excessively when riding BURLONE.

Mr Isdale acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.

Rule 638(3)(b)(ii) provides that a Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Using available video footage Senior Stipendiary Steward, Mr Williamson confirmed that Mr Isdale struck his mount 10 times prior to the final 100 metres. One of the strikes was forward of the shoulder and there was not the required respite between the strikes.
In response Mr Isdale advised the Committee he fully accepted that his actions were “a bit reckless” and he said in future he would pay more attention to his whip action. 

Submissions for Penalty:

Mr Coles said that Mr Isdale had a clear record and he readily admitted the breach. He asked the Committee to consider when assessing the penalty that amateur jockeys do not receive a riding fee. He added that the breached was low to mid-range and although Mr Isdale did pause between some of the strikes, the breaks were not for the required 5 strides.

In his submissions Mr Isdale reiterated the fact that amateur riders are not paid for their rides. He said that he previously rode on Australia some years ago as a professional jockey but has only recently started riding in amateur races. He said he has had 6 rides this season in the amateur rider series.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3)(b)(ii) – as follows.
1st breach - $300
2nd breach - $500
3rd or subsequent breach 6-8 national riding day suspension

This is Mr Isdale’s first breach of the whip rule. As a general rule Committees will not apply a discount to any proposed penalty for breaches of this rule unless there are exceptional circumstances. Accordingly, we considered whether the fact that amateur riders receive no riding fee is a factor that we should take into account and moreover whether or not it could be considered an ‘exceptional circumstance’. We are mindful that for professional riders who are fined under this rule, part of their fine may be covered by their riding fee. We are also mindful that animal welfare is paramount when determining an appropriate penalty under this rule.

After taking into account all the above factors the Committee considers a $50 discount from the $300 starting point would be appropriate in this case.

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: fcf1f1307b90c55fab0f3aebfa3fe608


informantnumber: A10139


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/07/2018


hearing_title: R Te Aroha 6 July 2018 - R 3 - Chair, Mr G Jones


charge:


facts:

Following the running of race 3, the Flair Amateurs Rider Series 2200, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that Amateur rider, Mr C Isdale used his whip excessively when riding BURLONE.

Mr Isdale acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.

Rule 638(3)(b)(ii) provides that a Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Using available video footage Senior Stipendiary Steward, Mr Williamson confirmed that Mr Isdale struck his mount 10 times prior to the final 100 metres. One of the strikes was forward of the shoulder and there was not the required respite between the strikes.
In response Mr Isdale advised the Committee he fully accepted that his actions were “a bit reckless” and he said in future he would pay more attention to his whip action. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Isdale admitted the breach the charge is proved. 


sumissionsforpenalty:

Mr Coles said that Mr Isdale had a clear record and he readily admitted the breach. He asked the Committee to consider when assessing the penalty that amateur jockeys do not receive a riding fee. He added that the breached was low to mid-range and although Mr Isdale did pause between some of the strikes, the breaks were not for the required 5 strides.

In his submissions Mr Isdale reiterated the fact that amateur riders are not paid for their rides. He said that he previously rode on Australia some years ago as a professional jockey but has only recently started riding in amateur races. He said he has had 6 rides this season in the amateur rider series.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3)(b)(ii) – as follows.
1st breach - $300
2nd breach - $500
3rd or subsequent breach 6-8 national riding day suspension

This is Mr Isdale’s first breach of the whip rule. As a general rule Committees will not apply a discount to any proposed penalty for breaches of this rule unless there are exceptional circumstances. Accordingly, we considered whether the fact that amateur riders receive no riding fee is a factor that we should take into account and moreover whether or not it could be considered an ‘exceptional circumstance’. We are mindful that for professional riders who are fined under this rule, part of their fine may be covered by their riding fee. We are also mindful that animal welfare is paramount when determining an appropriate penalty under this rule.

After taking into account all the above factors the Committee considers a $50 discount from the $300 starting point would be appropriate in this case.


penalty:

Accordingly, Mr Isdale is fined the sum of $250.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr C Isdale - Class D Jockey


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 86f9c8a280445b5f1a2b485b4404ef65


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a9760ed45dcc246b9b92cdbd6172ac5b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/07/2018


meet_title: Racing Te Aroha - 6 July 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Racing Te Aroha