Archive Decision

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Taranaki RI 5 April 2018 – R 1 – Chair, Mr N McCutcheon

ID: JCA14732

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr S Fannin - Rider of MAY WE ALL

Information Number:
A7340

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 5 April 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
TBird

Race Date:
2018/04/05

Race Number:
R 1

Decision:

As the Charge was admitted it was deemed to be proved.

Penalty:

Mr Fannin was fined $300.

Facts:

Following the running of Race 1, (Return 2 Earth Maiden Highweight), Information No. A7340 was filed with the Judicial Committee. The Informant alleged that Mr Fannin, the Rider of MAY WE ALL used his whip excessively prior to the 100m.

Rule 638(3)(b)(ii) 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” 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.

Mr Fannin acknowledged that he understood the Rule, Whip Guidelines and confirmed that he admitted the breach.

Mr Goodwin showed the film replays and said that Mr Fannin hit his horse 11 times prior to the 100m with only a minor respite being given.

Mr Fannin agreed with the Stipendiary Steward’s assessment of his whip use. He said that he does not like riding for free and will not be doing it again. He added that in the following race he rode within the guidelines.

Submissions for Penalty:

Mr Jones said that Mr Fannin had a clear record since 1 August 2017 and said that he could not see any reason why the Committee should depart from the Penalty Guideline.

Mr Fannin agreed with the submission and had nothing further to add.

Reasons for Penalty:

The Committee found that Mr Fannin did hit his horse 11 times prior to the 100m with only a minor break being given. Taking into account Mr Fannin’s record and the JCA Penalty Guideline starting point of a $300 fine for a first breach of the Rule, the Committee determined that that was an appropriate penalty.

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: 75463f59c502fac69b83cc4ebacccad4


informantnumber: A7340


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/04/2018


hearing_title: Taranaki RI 5 April 2018 - R 1 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 1, (Return 2 Earth Maiden Highweight), Information No. A7340 was filed with the Judicial Committee. The Informant alleged that Mr Fannin, the Rider of MAY WE ALL used his whip excessively prior to the 100m.

Rule 638(3)(b)(ii) 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” 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.

Mr Fannin acknowledged that he understood the Rule, Whip Guidelines and confirmed that he admitted the breach.

Mr Goodwin showed the film replays and said that Mr Fannin hit his horse 11 times prior to the 100m with only a minor respite being given.

Mr Fannin agreed with the Stipendiary Steward’s assessment of his whip use. He said that he does not like riding for free and will not be doing it again. He added that in the following race he rode within the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the Charge was admitted it was deemed to be proved.


sumissionsforpenalty:

Mr Jones said that Mr Fannin had a clear record since 1 August 2017 and said that he could not see any reason why the Committee should depart from the Penalty Guideline.

Mr Fannin agreed with the submission and had nothing further to add.


reasonsforpenalty:

The Committee found that Mr Fannin did hit his horse 11 times prior to the 100m with only a minor break being given. Taking into account Mr Fannin’s record and the JCA Penalty Guideline starting point of a $300 fine for a first breach of the Rule, the Committee determined that that was an appropriate penalty.


penalty:

Mr Fannin was fined $300.


hearing_type: Hearing


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


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr S Fannin - Rider of MAY WE ALL


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5e6ded97260b56e2c24a4bc416e64b1f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 79aba94c55ddb1b6ea878814b04a76d8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/04/2018


meet_title: Taranaki RC - 5 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: TBird


meet_pm2: none


name: Taranaki RC