Taumarunui RC 28 July 2018 – R 10 – Chair, Mr A Dooley
ID: JCA16957
Code:
Thoroughbred
Meet Title:
Taumarunui RC - 28 July 2018
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2018/07/28
Race Number:
R10
Decision:
As Mr Rusof admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Rusof was fined $300.
In conclusion the Committee advised Mr Rusof the starting points for a 2nd and 3rd breach of the whip Rule.
Facts:
Following the running of race 10, Racing Rotorua 1560, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Rusof used his whip excessively when riding YORKSHIRE DALES prior to the 100 metres.
Mr Rusof acknowledged that he understood the Rule and confirmed he admitted the breach.
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 Oatham demonstrated the incident using the available video footage. He identified Mr Rusof and showed that he struck his mount 8 times prior to the 100 metres. He said that Mr Rusof paused his use of the whip for only 1 stride.
Mr Rusof accepted Mr Oatham’s interpretation of the incident and added that he misjudged the number of strikes.
Submissions for Penalty:
Mr Oatham said that Mr Rusof had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Rusof made no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
There were no aggravating factors that required an uplift in penalty.
The Committee deemed that the breach was in the low range.
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: b872c51f8b8061ec4f3f010281b51edd
informantnumber: A10064
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/07/2018
hearing_title: Taumarunui RC 28 July 2018 - R 10 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 10, Racing Rotorua 1560, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Rusof used his whip excessively when riding YORKSHIRE DALES prior to the 100 metres.
Mr Rusof acknowledged that he understood the Rule and confirmed he admitted the breach.
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 Oatham demonstrated the incident using the available video footage. He identified Mr Rusof and showed that he struck his mount 8 times prior to the 100 metres. He said that Mr Rusof paused his use of the whip for only 1 stride.
Mr Rusof accepted Mr Oatham’s interpretation of the incident and added that he misjudged the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Rusof admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Rusof had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Rusof made no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
There were no aggravating factors that required an uplift in penalty.
The Committee deemed that the breach was in the low range.
penalty:
Accordingly, Mr Rusof was fined $300.
In conclusion the Committee advised Mr Rusof the starting points for a 2nd and 3rd breach of the whip Rule.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr S Rusof - Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 861d41ffa2dcf7f0b65b0ab8f7b07da2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 93cce82d71b0df1a535a9116a923a5ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/07/2018
meet_title: Taumarunui RC - 28 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taumarunui-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Taumarunui RC