Archive Decision

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Taranaki RC 11 May 2019 – R 3 – Chair, Mrs N Moffatt

ID: JCA12506

Applicant:
Mr N Goodwin - Senior Stipendiary Steward

Respondent(s):
Mr M Kareem - Apprentice Rider, Mr N Harris - Apprentice Rider Mentor

Other Person:
Mr D Balcombe

Information Number:
A12280

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
Rule 638(3) (b) (ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 11 May 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
TBird

Race Date:
2019/05/11

Race Number:
R3

Decision:

As Mr Kareem admitted the breach the charge was found to be proved.

Penalty:

 Accordingly, Mr Kareem is suspended from the close of racing today up to and including racing on Wednesday, May 22nd.

Wairio (tomorrow Sunday 12th) was not included due to riders already being declared.

Facts:

Following Race 3 (The Kiwi Butcher 1200) Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Kareem used his whip excessively prior to the 100m.

Rule 638(3) (b) provides

 A Rider shall not:

(ii) 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 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.

Mr Kareem is apprenticed to Tony Pike but on loan to Mr P Lock for three months.  At the outset of the hearing, Mr Kareem  (assisted by Mr N Harris) confirmed that he understood the charge and that he admitted the breach.

Mr Goodwin played the videos from the home turn to past the 100m mark. He explained that the Stewards had no concern with Mr Kareem’s riding until the 200 metres. From that point through until the 100m mark Mr Kareem used his whip 9-10 times without the required respite. It was acknowledged that while there were pauses in his whip use he did not put his hands back on the reins.

Mr Harris said the strikes were not forceful. 

Submissions for Penalty:

Mr Goodwin said this was Mr Kareem’s third charge of excessive whip use. He was fined $300 on December 7th 2018 and $500 on January 1st 2019. The Stewards’ submission was for a period of suspension in line with the penalty guidelines.

Mr Harris again mentioned the lack of force used, and after speaking with Mr Kareem advised that any suspension could begin immediately.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach $300

2nd breach $500

3rd or subsequent breach 6-8 national riding days

As this was Mr Kareem's third breach within the last 12 months, the Committee adopted a starting point of 6 national riding days.

Mr Kareem’s total number of strikes was calculated at 9-10 between the 200 and 100m. There were brief pauses but at no stage did Mr Kareem return his hands to the reins as is expected. Mr Goodwin and Mr Harris took the opportunity to explain to Mr Kareem that he could continue to use the whip as long as his hands were holding the reins. The Committee accepts that although Mr Kareem’s whip use was above the guidelines, there was not a great deal of force applied. We did not consider there to be any aggravating factors requiring an uplift from our starting point of 6 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: 64687b0caf0d773cba3fb2060cc6a926


informantnumber: A12280


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 11/05/2019


hearing_title: Taranaki RC 11 May 2019 – R 3 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 3 (The Kiwi Butcher 1200) Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Kareem used his whip excessively prior to the 100m.

Rule 638(3) (b) provides

 A Rider shall not:

(ii) 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 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.

Mr Kareem is apprenticed to Tony Pike but on loan to Mr P Lock for three months.  At the outset of the hearing, Mr Kareem  (assisted by Mr N Harris) confirmed that he understood the charge and that he admitted the breach.

Mr Goodwin played the videos from the home turn to past the 100m mark. He explained that the Stewards had no concern with Mr Kareem’s riding until the 200 metres. From that point through until the 100m mark Mr Kareem used his whip 9-10 times without the required respite. It was acknowledged that while there were pauses in his whip use he did not put his hands back on the reins.

Mr Harris said the strikes were not forceful. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Kareem admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Goodwin said this was Mr Kareem’s third charge of excessive whip use. He was fined $300 on December 7th 2018 and $500 on January 1st 2019. The Stewards’ submission was for a period of suspension in line with the penalty guidelines.

Mr Harris again mentioned the lack of force used, and after speaking with Mr Kareem advised that any suspension could begin immediately.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach $300

2nd breach $500

3rd or subsequent breach 6-8 national riding days

As this was Mr Kareem's third breach within the last 12 months, the Committee adopted a starting point of 6 national riding days.

Mr Kareem’s total number of strikes was calculated at 9-10 between the 200 and 100m. There were brief pauses but at no stage did Mr Kareem return his hands to the reins as is expected. Mr Goodwin and Mr Harris took the opportunity to explain to Mr Kareem that he could continue to use the whip as long as his hands were holding the reins. The Committee accepts that although Mr Kareem’s whip use was above the guidelines, there was not a great deal of force applied. We did not consider there to be any aggravating factors requiring an uplift from our starting point of 6 days.


penalty:

 Accordingly, Mr Kareem is suspended from the close of racing today up to and including racing on Wednesday, May 22nd.

Wairio (tomorrow Sunday 12th) was not included due to riders already being declared.


hearing_type: Hearing


Rules: Rule 638(3) (b) (ii)


Informant: Mr N Goodwin - Senior Stipendiary Steward


JockeysandTrainer: Mr M Kareem - Apprentice Rider, Mr N Harris - Apprentice Rider Mentor


Otherperson: Mr D Balcombe


PersonPresent:


Respondent:


StipendSteward:


raceid: b8719194968cffeea43cef1279b2d1e0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: df7e7ab503f988fe8f46257e130d70d9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/05/2019


meet_title: Taranaki RC - 11 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TBird


meet_pm2: none


name: Taranaki RC