Rotorua-BOP HC 17 September 2017 – R 5 – Chair, Mr A Dooley
ID: JCA16988
Code:
Thoroughbred
Meet Title:
Rotorua-BOP HC - 17 September 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/09/17
Race Number:
R5
Decision:
As Miss McIlroy admitted the breach, the Committee found the charge proved.
Penalty:
Accordingly, Miss McIlroy had her license to ride in races suspended for a period to commence after racing on 17 September and conclude after racing on 1 October 2017 (1 riding day).
In conclusion the Committee advised Miss McIlroy that if she was to breach this particular Rule next year then an uplift in penalty would be applied.
Facts:
Following the running of race 5, Rotorua Districts Riding For The Disabled 1950 Flair Amateur Riders Series, an Information was filed pursuant to Rule 638 (3)(b)(i). The Informant, Mr Jones, alleged that Miss J. McIlroy's use of the whip was unnecessary on her mount ROYAL SCEPTRE which was out of contention.
Miss McIlroy acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris, Apprentice jockey mentor, assisted Miss McIlroy, Amateur rider, at the hearing.
Rule 638(3)(b)(i) provides: A Rider shall not:
(i) strike a horse with a whip in a manner or to an extent which is unnecessary
The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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.
Notwithstanding the above it will also be deemed to be unacceptable where a rider uses the drawn whip: • when a horse is out of contention • when a horse is showing no response • when a horse has no reasonable prospect of improving or losing its position • after its chance of winning or being placed is clearly gone • when a horse is clearly winning • after passing the winning post • using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified ROYAL SCEPTRE was racing at the rear of the field at the 300 metres. He said that Miss McIlroy's whip use was not continuous but the strikes were applied throughout the final straight when the horse was well out of contention. He advised that ROYAL SCEPTRE finished 22 lengths from the winner and public perception along with animal welfare was vital.
In response to a question from the Committee, Mr Oatham said the strikes would not have hurt the horse as the force used was low.
Mr Harris said that Miss McIlroy lacked experience. He observed that there was no need for Miss McIlroy to use the whip on her mount in the final straight because her mount was well out of contention.
Miss McIlroy said that she only rides once a month and recognised that her actions were unnecessary.
In response to a question from the Committee, Mr Oatham advised that Miss McIlroy has had 6 rides in 2017.
Submissions for Penalty:
Mr Jones said that Miss McIlroy had a clear record under this Rule. He said that he would leave the penalty up to the Committee.
Mr Harris asked for some leniency due to Miss McIlroy’s Amateur status.
Miss McIlroy confirmed that there was only 1 race meeting remaining this year for Amateur riders.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised all parties present that the JCA Penalty Guide starting point for unnecessary or improper use of the whip effective 1 August 2017 is a suspension and not a fine.
When reviewing the incident it was clear that the strikes were not forceful and there were some noticeable pauses with the whip. However, it was evident that ROYAL SCEPTRE was racing at the rear of the field when the strikes were applied and the horse was well out of contention and not showing any response. We deemed these to be significant aggravating factors.
The mitigating factors were Miss McIlroy’s clear record from limited rides and her admission of the breach, albeit inevitable given the compelling video footage. The Committee had regard for the fact that Miss McIlroy has had only 6 rides in 2017.
When considering an appropriate penalty the Committee was faced with an unusual situation in that there is only 1 race meeting remaining for Amateur riders this year. That date being 1 October at Te Aroha where there are 2 races scheduled for Amateur riders.
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: bd969064c3a3b2751d3c56c8b063cb6b
informantnumber: A7323
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unnecessary use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/09/2017
hearing_title: Rotorua-BOP HC 17 September 2017 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Rotorua Districts Riding For The Disabled 1950 Flair Amateur Riders Series, an Information was filed pursuant to Rule 638 (3)(b)(i). The Informant, Mr Jones, alleged that Miss J. McIlroy's use of the whip was unnecessary on her mount ROYAL SCEPTRE which was out of contention.
Miss McIlroy acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris, Apprentice jockey mentor, assisted Miss McIlroy, Amateur rider, at the hearing.
Rule 638(3)(b)(i) provides: A Rider shall not:
(i) strike a horse with a whip in a manner or to an extent which is unnecessary
The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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.
Notwithstanding the above it will also be deemed to be unacceptable where a rider uses the drawn whip: • when a horse is out of contention • when a horse is showing no response • when a horse has no reasonable prospect of improving or losing its position • after its chance of winning or being placed is clearly gone • when a horse is clearly winning • after passing the winning post • using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified ROYAL SCEPTRE was racing at the rear of the field at the 300 metres. He said that Miss McIlroy's whip use was not continuous but the strikes were applied throughout the final straight when the horse was well out of contention. He advised that ROYAL SCEPTRE finished 22 lengths from the winner and public perception along with animal welfare was vital.
In response to a question from the Committee, Mr Oatham said the strikes would not have hurt the horse as the force used was low.
Mr Harris said that Miss McIlroy lacked experience. He observed that there was no need for Miss McIlroy to use the whip on her mount in the final straight because her mount was well out of contention.
Miss McIlroy said that she only rides once a month and recognised that her actions were unnecessary.
In response to a question from the Committee, Mr Oatham advised that Miss McIlroy has had 6 rides in 2017.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss McIlroy admitted the breach, the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Miss McIlroy had a clear record under this Rule. He said that he would leave the penalty up to the Committee.
Mr Harris asked for some leniency due to Miss McIlroy’s Amateur status.
Miss McIlroy confirmed that there was only 1 race meeting remaining this year for Amateur riders.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised all parties present that the JCA Penalty Guide starting point for unnecessary or improper use of the whip effective 1 August 2017 is a suspension and not a fine.
When reviewing the incident it was clear that the strikes were not forceful and there were some noticeable pauses with the whip. However, it was evident that ROYAL SCEPTRE was racing at the rear of the field when the strikes were applied and the horse was well out of contention and not showing any response. We deemed these to be significant aggravating factors.
The mitigating factors were Miss McIlroy’s clear record from limited rides and her admission of the breach, albeit inevitable given the compelling video footage. The Committee had regard for the fact that Miss McIlroy has had only 6 rides in 2017.
When considering an appropriate penalty the Committee was faced with an unusual situation in that there is only 1 race meeting remaining for Amateur riders this year. That date being 1 October at Te Aroha where there are 2 races scheduled for Amateur riders.
penalty:
Accordingly, Miss McIlroy had her license to ride in races suspended for a period to commence after racing on 17 September and conclude after racing on 1 October 2017 (1 riding day).
In conclusion the Committee advised Miss McIlroy that if she was to breach this particular Rule next year then an uplift in penalty would be applied.
hearing_type: Hearing
Rules: 638(3)(b)(i)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Miss J McIlroy - Amateur Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Miss McIlroy, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: baf07e65ca3caf9eab8532534d6a452e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e18d0b3aafbf48486931f9782db22de3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2017
meet_title: Rotorua-BOP HC - 17 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rotorua-bop-hc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Rotorua-BOP HC