Riverton RC 15 April 2017 – R9 – Chair Mr V Munro
ID: JCA14711
Code:
Thoroughbred
Meet Title:
Riverton RC - 15 April 2017
Meet Chair:
VMUnro
Meet Committee Member 1:
PKnowles
Race Date:
2017/04/15
Race Number:
R8
Decision:
As Miss Morgan had admitted the charge, it is therefore proved.
Penalty:
Accordingly, Ms Morgan had her license to ride in races suspended for a period to commence after racing on 22 April and conclude after racing on 28 April 2017 (2 days). The meetings involved in this suspension are:
26 April - Wingatui
28 April – Marlborough
28 April – Marlborough
Miss Morgan was reminded of her obligations and told that if she appears before a JCA committee within the next 6 months for this offence, that she can be assured they will not be so lenient. In summary Ms Morgan was given a last chance due to the mitgating factors.
Mr Pitman was also reminded of Rule 106 of which states that “NZTR may make or issue the following under these Rules: … (d) guidelines”. Significantly, r 106 concludes by stating that the guidelines “must be followed by those bound by the Rules and form part of these Rules.”
Facts:
An Information was filed by Stipendiary Steward Mr M Davidson against Licensed Apprentice Jockey Miss A Morgan (JAZZMAN), alleging a breach of Rule 638(3)(b)(ii) in that she used her whip in an excessive manner prior to the 200m in the Waiau Hotel Aparima Handicap.
Rule 638(3)(b) reads as follows:
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is;
(ii) or excessive.
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is;
(ii) or excessive.
Miss Morgan had indicated on the Information that the charge was admitted which was confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Morgan was assisted at the hearing by her employer, Mr M Pitman.
Mr Davidson gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr L Tidmarsh, which showed Miss Morgan riding JAZZMAN, who was in the lead as the field passed the 400m. He indicated that Miss Morgan had used her whip on 12 ocassions with two small pasuses of one stride in amongst the strikes. The 13th strike was after the 200 metre mark.
Mr Davidson stated that the reason Miss Morgan was being charged was that she had failed to go back to the whip rein with her whip hand and push for 6 strides after using the whip in the final straight as required by the Whip Guidelines prior to the 200m.
Miss Morgan said she admitted the breach and was sorry.
Submissions for Penalty:
Mr Davidson stated that Miss Morgan has just returned to race riding after a long absence. She has ridden three winners in three days, however was charged and fined for the same breach 7 days ago, here she was fined $250. The JCA Penalty Guide states for second or subsequent offence within a 6 month period that the starting point is a 3 – 5 day suspenson. He asked for a 2-3 day suspension, saying it was at the low end, the strikes were not forceful but repetitive. He further stated that Miss Morgan action’s under the old rules with some pauses were acceptable however not under the new rules which she needs to adjust to.
Miss Morgan said she was sorry and asked for a 7 day deferment for her suspension.
Mr Pitman said that Miss Morgan had taken three years break from the industry for personal reasons, she rang from overseas wanting to come back. She is a valuable assest to his family and the racing industry. He believed that she had paused twice in her whip action, but needs to get her head around the new rules. He asked that the committee be lenient as Miss Morgan is trying very hard and needs to change, it may be even that she puts her whip away completely. He said that this charge is at the minor end of the scale and Miss Morgan has not punished the horse. He reiterated that the whip guidelines are only that and not the rules of racing.
Reasons for Penalty:
In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a starting point of a 3-5 day suspension. With Miss Morgan being fined lightly at the previous breach 7 days ago we adopted a starting point of 3 days. The mitgating factors in her favour were her frank, early admission of the breach, the low end of the offending and the time away from the industry Miss Morgan has had. We therefore deduct one day for the mitgating factors in this case.
After taking into account all of the above factors the Committee considered an appropriate penalty was a 2 day suspension. The Committee grant Ms Morgan’s request to seek a deferment to her suspension as per Rule 1106(2).
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: 7306d9c46a1b9c31d9dde9d465b7e6db
informantnumber: A8611
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/04/2017
hearing_title: Riverton RC 15 April 2017 - R9 - Chair Mr V Munro
charge:
facts:
An Information was filed by Stipendiary Steward Mr M Davidson against Licensed Apprentice Jockey Miss A Morgan (JAZZMAN), alleging a breach of Rule 638(3)(b)(ii) in that she used her whip in an excessive manner prior to the 200m in the Waiau Hotel Aparima Handicap.
Rule 638(3)(b) reads as follows:
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is;
(ii) or excessive.
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is;
(ii) or excessive.
Miss Morgan had indicated on the Information that the charge was admitted which was confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Morgan was assisted at the hearing by her employer, Mr M Pitman.
Mr Davidson gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr L Tidmarsh, which showed Miss Morgan riding JAZZMAN, who was in the lead as the field passed the 400m. He indicated that Miss Morgan had used her whip on 12 ocassions with two small pasuses of one stride in amongst the strikes. The 13th strike was after the 200 metre mark.
Mr Davidson stated that the reason Miss Morgan was being charged was that she had failed to go back to the whip rein with her whip hand and push for 6 strides after using the whip in the final straight as required by the Whip Guidelines prior to the 200m.
Miss Morgan said she admitted the breach and was sorry.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Morgan had admitted the charge, it is therefore proved.
sumissionsforpenalty:
Mr Davidson stated that Miss Morgan has just returned to race riding after a long absence. She has ridden three winners in three days, however was charged and fined for the same breach 7 days ago, here she was fined $250. The JCA Penalty Guide states for second or subsequent offence within a 6 month period that the starting point is a 3 – 5 day suspenson. He asked for a 2-3 day suspension, saying it was at the low end, the strikes were not forceful but repetitive. He further stated that Miss Morgan action’s under the old rules with some pauses were acceptable however not under the new rules which she needs to adjust to.
Miss Morgan said she was sorry and asked for a 7 day deferment for her suspension.
Mr Pitman said that Miss Morgan had taken three years break from the industry for personal reasons, she rang from overseas wanting to come back. She is a valuable assest to his family and the racing industry. He believed that she had paused twice in her whip action, but needs to get her head around the new rules. He asked that the committee be lenient as Miss Morgan is trying very hard and needs to change, it may be even that she puts her whip away completely. He said that this charge is at the minor end of the scale and Miss Morgan has not punished the horse. He reiterated that the whip guidelines are only that and not the rules of racing.
reasonsforpenalty:
In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a starting point of a 3-5 day suspension. With Miss Morgan being fined lightly at the previous breach 7 days ago we adopted a starting point of 3 days. The mitgating factors in her favour were her frank, early admission of the breach, the low end of the offending and the time away from the industry Miss Morgan has had. We therefore deduct one day for the mitgating factors in this case.
After taking into account all of the above factors the Committee considered an appropriate penalty was a 2 day suspension. The Committee grant Ms Morgan’s request to seek a deferment to her suspension as per Rule 1106(2).
penalty:
Accordingly, Ms Morgan had her license to ride in races suspended for a period to commence after racing on 22 April and conclude after racing on 28 April 2017 (2 days). The meetings involved in this suspension are:
26 April - Wingatui
28 April – Marlborough
28 April – Marlborough
Miss Morgan was reminded of her obligations and told that if she appears before a JCA committee within the next 6 months for this offence, that she can be assured they will not be so lenient. In summary Ms Morgan was given a last chance due to the mitgating factors.
Mr Pitman was also reminded of Rule 106 of which states that “NZTR may make or issue the following under these Rules: … (d) guidelines”. Significantly, r 106 concludes by stating that the guidelines “must be followed by those bound by the Rules and form part of these Rules.”
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Ms A Morgan -Licensed Jockey
Otherperson: Mr L Tidmarsh - Stipendiary Steward, Mr M Pitman - Licensed Trainer assisting Ms Morgan
PersonPresent:
Respondent:
StipendSteward:
raceid: 1843241f91b1c5f1c849044344a915fb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c8d39765b67d2eda382ad76aa8b7e7da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2017
meet_title: Riverton RC - 15 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: riverton-rc
meet_racingtype: thoroughbred-racing
meet_chair: VMUnro
meet_pm1: PKnowles
meet_pm2: none
name: Riverton RC