Archive Decision

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Southland RC 15 April 2018 – R 8 – Chair, Mr P Knowles

ID: JCA15393

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr A Bohorun - Apprentice Jockey

Other Person:
Mr D Walsh - Apprentice Jockey Mentor

Information Number:
A09746

Hearing Type:
Hearing

New Charge:
638(3) (b) (ii)

Rules:
Excessive use of the whip

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 15 April 2018

Meet Chair:
PKnowles

Race Date:
2018/04/15

Race Number:
R 8

Decision:

Mr Bohorun admitted the charge and it is found proved.

Penalty:

Mr Bohorun is fined $500.

Facts:

Following the running of race 8 the ILT Centrepoint & Southcity Liquorland Maiden stewards charged Mr A Bohorun (Fly Without Wings) with a breach of excessive use of the whip in that he “…used his whip excessively prior to the 100m.”

Rule 638 (3) (b) (ii) reads: A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is:

(i) unnecessary (ii) or excessive (iii) or improper

The guidelines read: 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 a 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.

Mr Bohorun admitted the charge and appeared at the hearing.

Mr Davidson, with the aid of the video replays, said Fly Without Wings was challenging for the lead in the home straight. With approximately 200m to run Mr Bohorun drew his whip and used it approximately nine times prior to the 100 metre mark. He said there was only two strides between strikes with the whip. It was a clear breach of the rule.

Mr Bohorun stated he had counted the strikes with the whip but not the number of strides between using the whip. Mr Walsh stated that Mr Bohorun simply forgot to count the strides between whip use.

Submissions for Penalty:

Mr Davidson said Mr Bohorun had one previous breach of the rule at Gore in January.  He said there were no aggravating factors and that Mr Bohorun had admitted the breach at the outset. He sought the standard penalty for a second offence of $500.

Mr Bohorun made no submissions on penalty.

Reasons for Penalty:

The penalty for a second offence under this rule is $500. Mr Bohorun admitted the breach.

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: 8cc965e53789164ca6c564876702d902


informantnumber: A09746


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 638(3) (b) (ii)


plea: admitted


penaltyrequired: 1


decisiondate: 17/04/2018


hearing_title: Southland RC 15 April 2018 - R 8 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 8 the ILT Centrepoint & Southcity Liquorland Maiden stewards charged Mr A Bohorun (Fly Without Wings) with a breach of excessive use of the whip in that he “…used his whip excessively prior to the 100m.”

Rule 638 (3) (b) (ii) reads: A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is:

(i) unnecessary (ii) or excessive (iii) or improper

The guidelines read: 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 a 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.

Mr Bohorun admitted the charge and appeared at the hearing.

Mr Davidson, with the aid of the video replays, said Fly Without Wings was challenging for the lead in the home straight. With approximately 200m to run Mr Bohorun drew his whip and used it approximately nine times prior to the 100 metre mark. He said there was only two strides between strikes with the whip. It was a clear breach of the rule.

Mr Bohorun stated he had counted the strikes with the whip but not the number of strides between using the whip. Mr Walsh stated that Mr Bohorun simply forgot to count the strides between whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Bohorun admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Davidson said Mr Bohorun had one previous breach of the rule at Gore in January.  He said there were no aggravating factors and that Mr Bohorun had admitted the breach at the outset. He sought the standard penalty for a second offence of $500.

Mr Bohorun made no submissions on penalty.


reasonsforpenalty:

The penalty for a second offence under this rule is $500. Mr Bohorun admitted the breach.


penalty:

Mr Bohorun is fined $500.


hearing_type: Hearing


Rules: Excessive use of the whip


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr A Bohorun - Apprentice Jockey


Otherperson: Mr D Walsh - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: b142952b143fd1a97e3633cd05d9b686


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cfc0767b20fe63b2bbb2a110b20096c9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/04/2018


meet_title: Southland RC - 15 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: none


meet_pm2: none


name: Southland RC