Riverton RC 31 March 2018 – R 3 – Chair, Prof G Hall
ID: JCA14822
Code:
Thoroughbred
Meet Title:
Riverton RC - 31 March 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/03/31
Race Number:
R 3
Decision:
As Ms Comignaghi has admitted the breach, we find the breach proved.
Penalty:
Ms Comignaghi is fined the sum of $300.
Facts:
Mr Davidson alleged that Ms Comignaghi used her whip excessively on her mount NIGHTCAP prior to the 100 metres in race 3, the BUPA CARE SERVICES FRANCOLIN STAKES.
Rule 638(3)(b)(ii) provides: “A Rider shall not 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 r 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.”
Ms Comignaghi acknowledged that she understood the rule and confirmed her admission of the breach.
Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 14 strikes before the 100 metres. These were repetitive but not overly forceful.
Mr Walsh said the respondent did break up her whip action a few times but he agreed it was outside the guidelines.
Mr Davidson replied Ms Comignaghi did break it up two or three times and go back to the reins but not for long enough.
Ms Comignaghi said she was usually able to count the number of strikes okay, but not today.
Submissions for Penalty:
Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule. He said a fine of $300 was appropriate.
Mr Walsh and Ms Comignaghi accepted Mr Davidson’s submission.
Reasons for Penalty:
New whip guidelines were introduced on 1 August last year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s first breach of this rule since the guidelines came into force and the breach is low to mid range. There are 14 strikes with only brief pauses. The starting point in the Penalty Guide is a fine of $300. There is no reason to increase this figure.
JCA Decision Fields (raw)
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hearingid: 7fbb94a247b06b6107524a520b649d2a
informantnumber: A9740
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/04/2018
hearing_title: Riverton RC 31 March 2018 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Ms Comignaghi used her whip excessively on her mount NIGHTCAP prior to the 100 metres in race 3, the BUPA CARE SERVICES FRANCOLIN STAKES.
Rule 638(3)(b)(ii) provides: “A Rider shall not 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 r 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.”
Ms Comignaghi acknowledged that she understood the rule and confirmed her admission of the breach.
Mr Davidson had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 14 strikes before the 100 metres. These were repetitive but not overly forceful.
Mr Walsh said the respondent did break up her whip action a few times but he agreed it was outside the guidelines.
Mr Davidson replied Ms Comignaghi did break it up two or three times and go back to the reins but not for long enough.
Ms Comignaghi said she was usually able to count the number of strikes okay, but not today.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Comignaghi has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule. He said a fine of $300 was appropriate.
Mr Walsh and Ms Comignaghi accepted Mr Davidson’s submission.
reasonsforpenalty:
New whip guidelines were introduced on 1 August last year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s first breach of this rule since the guidelines came into force and the breach is low to mid range. There are 14 strikes with only brief pauses. The starting point in the Penalty Guide is a fine of $300. There is no reason to increase this figure.
penalty:
Ms Comignaghi is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Ms T Comignaghi - Apprentice Jockey
Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 939fc74b1262c8046c59c82fddcb4f91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 97e0f12d936e16d9505c18fba8bc2a18
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2018
meet_title: Riverton RC - 31 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: riverton-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Riverton RC