Rangitikei RC 24 November 2018 – R 2 – Chair, Mr T Utikere
ID: JCA16094
Code:
Thoroughbred
Meet Title:
Rangitikei RC - 24 November 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2018/11/24
Race Number:
R2
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Apprentice Bakar is suspended from the conclusion of racing on Wednesday 28 November until the conclusion of racing on Friday 14 December 2018.
Facts:
Following the running of Race 2 (HIGGINS CONCRETE/BNZ PARTNERS 3YO), Information A12256 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that: “Apprentice N Bakar used his whip excessively prior to the 100m on his mount TOTAL EXCESS”.
Rule 638(3) states: “A rider shall not…(b) strike a horse with a whip in a manner or to an extent which is…(ii) excessive.”
Mr Bakar was assisted by Apprentice Mentors Messrs Harris and Walsh, and confirmed that he understood the Rule and that he admitted the breach.
Using the available head-on and side-on films, Mr Balcombe identified TOTAL EXCESS in the one-out position as the field turned for home. Mr Bakar was observed to have used his whip 18 consecutive times, without the required respite until the 100 metres. Mr Balcombe described his strikes as forceful and also identified that Mr Bakar’s hand was above shoulder height whilst he delivered the forceful strikes.
Mr Bakar identified that he used his whip in the manner that he did as he was unsure whether his horse was responding, and that he had been nervous as he was riding the favourite runner for the Te Akau stable.
Mr Harris said that Mr Bakar was clearly riding aggressively and that the incident did not look good. He referred to a similar incident involving Apprentice Chowdhoory at Avondale (4 June 2018). He explained that Mr Bakar had been licensed for some time and that he did know about the five on and five off requirement when using the whip prior to the 100 metres.
Mr Walsh concurred that the breach was unfortunate as both Apprentice Mentors had been trying to impress upon jockeys the importance of riding within the Rules, with regard to their whip use.
Submissions for Penalty:
Mr Goodwin submitted that the only redeeming feature of the breach was that this was Mr Bakar’s first breach of the rule. He explained that he had not seen a worse display of riding with the whip for many years. He did not believe the aggressive nature of the strikes was warranted and that an aggravating feature was the fact that Mr Bakar had used the whip with his arm above shoulder height. Mr Goodwin also noted that the horse went on to win the race, and may have gained an unfair advantage as a result. He referred to the precedent case of RIU v Chowdhoory (4 June 2018) in seeking a lengthy period of suspension of not less than 12 days.
Mr Bakar asked the Committee to consider that he had been nervous at the time, and he had simply forgotten about things at the time and that he had had 23 rides for nine winners.
Mr Harris agreed that Mr Bakar’s breach was similar to that of Chowdhoory and accepted that a significant period of suspension was appropriate as jockeys had to realise that such whip use should not be tolerated.
Mr Walsh described Mr Bakar’s whip use as being “miles over” what was permitted, and agreed that a “decent” suspension was required.
It was also confirmed that any period of suspension could commence after racing on Wednesday 28 November.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. It is clear that Mr Bakar used his whip on 18 occasions from the 400 metres until the 100 metres. This is well outside of the guidelines and reflects poorly on industry participants, with regard to animal welfare concerns. We have reviewed the Chowdhoory decision that has been identified by Mr Goodwin and Mr Harris and we agree that there are direct parallels with Mr Bakar’s offending. While Mr Chowdhoory used his whip on 22 occasions over the same distance, we form the view that when the number of strikes are well outside of the Guidelines, any suggested mitigating circumstances with regard to the number of strikes, are neutralised by the significant aggravating feature of the high number of strikes. In such a circumstance, riders must be aware that a period of suspension is inevitable. To simply apply the JCA Penalty Guide Starting Point of a $300 fine for a first offence would be unsatisfactory. While Mr Bakar has admitted the breach, in the face of the film evidence and the extent of the excessive nature of his whip use, that is inevitable. While he may have been nervous and wanted to perform well for connections, the responsibility for using his whip in an acceptable manner rests with him. In addition to the number of strikes, other aggravating features are the aggressive force by which the strikes were delivered, and that the strikes were made whilst Mr Bakar’s arm was above the shoulder. After considering all factors, we consider a period of suspension similar to that imposed in Chowdhoory is appropriate. Accordingly, Apprentice Bakar is suspended for 12 Riding Days.
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: bb6e558933dcc0d47e7287a16ddbcf9e
informantnumber: A12256
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2018
hearing_title: Rangitikei RC 24 November 2018 - R 2 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 2 (HIGGINS CONCRETE/BNZ PARTNERS 3YO), Information A12256 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that: “Apprentice N Bakar used his whip excessively prior to the 100m on his mount TOTAL EXCESS”.
Rule 638(3) states: “A rider shall not…(b) strike a horse with a whip in a manner or to an extent which is…(ii) excessive.”
Mr Bakar was assisted by Apprentice Mentors Messrs Harris and Walsh, and confirmed that he understood the Rule and that he admitted the breach.
Using the available head-on and side-on films, Mr Balcombe identified TOTAL EXCESS in the one-out position as the field turned for home. Mr Bakar was observed to have used his whip 18 consecutive times, without the required respite until the 100 metres. Mr Balcombe described his strikes as forceful and also identified that Mr Bakar’s hand was above shoulder height whilst he delivered the forceful strikes.
Mr Bakar identified that he used his whip in the manner that he did as he was unsure whether his horse was responding, and that he had been nervous as he was riding the favourite runner for the Te Akau stable.
Mr Harris said that Mr Bakar was clearly riding aggressively and that the incident did not look good. He referred to a similar incident involving Apprentice Chowdhoory at Avondale (4 June 2018). He explained that Mr Bakar had been licensed for some time and that he did know about the five on and five off requirement when using the whip prior to the 100 metres.
Mr Walsh concurred that the breach was unfortunate as both Apprentice Mentors had been trying to impress upon jockeys the importance of riding within the Rules, with regard to their whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Goodwin submitted that the only redeeming feature of the breach was that this was Mr Bakar’s first breach of the rule. He explained that he had not seen a worse display of riding with the whip for many years. He did not believe the aggressive nature of the strikes was warranted and that an aggravating feature was the fact that Mr Bakar had used the whip with his arm above shoulder height. Mr Goodwin also noted that the horse went on to win the race, and may have gained an unfair advantage as a result. He referred to the precedent case of RIU v Chowdhoory (4 June 2018) in seeking a lengthy period of suspension of not less than 12 days.
Mr Bakar asked the Committee to consider that he had been nervous at the time, and he had simply forgotten about things at the time and that he had had 23 rides for nine winners.
Mr Harris agreed that Mr Bakar’s breach was similar to that of Chowdhoory and accepted that a significant period of suspension was appropriate as jockeys had to realise that such whip use should not be tolerated.
Mr Walsh described Mr Bakar’s whip use as being “miles over” what was permitted, and agreed that a “decent” suspension was required.
It was also confirmed that any period of suspension could commence after racing on Wednesday 28 November.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. It is clear that Mr Bakar used his whip on 18 occasions from the 400 metres until the 100 metres. This is well outside of the guidelines and reflects poorly on industry participants, with regard to animal welfare concerns. We have reviewed the Chowdhoory decision that has been identified by Mr Goodwin and Mr Harris and we agree that there are direct parallels with Mr Bakar’s offending. While Mr Chowdhoory used his whip on 22 occasions over the same distance, we form the view that when the number of strikes are well outside of the Guidelines, any suggested mitigating circumstances with regard to the number of strikes, are neutralised by the significant aggravating feature of the high number of strikes. In such a circumstance, riders must be aware that a period of suspension is inevitable. To simply apply the JCA Penalty Guide Starting Point of a $300 fine for a first offence would be unsatisfactory. While Mr Bakar has admitted the breach, in the face of the film evidence and the extent of the excessive nature of his whip use, that is inevitable. While he may have been nervous and wanted to perform well for connections, the responsibility for using his whip in an acceptable manner rests with him. In addition to the number of strikes, other aggravating features are the aggressive force by which the strikes were delivered, and that the strikes were made whilst Mr Bakar’s arm was above the shoulder. After considering all factors, we consider a period of suspension similar to that imposed in Chowdhoory is appropriate. Accordingly, Apprentice Bakar is suspended for 12 Riding Days.
penalty:
Apprentice Bakar is suspended from the conclusion of racing on Wednesday 28 November until the conclusion of racing on Friday 14 December 2018.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr N Bakar - Apprentice Jockey
Otherperson: Mr D Balcombe - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor, Mr D Walsh - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 73344a1c1c4ce421d0f200edccea0d9d
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race_title: R2
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meetdate: 24/11/2018
meet_title: Rangitikei RC - 24 November 2018
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