Archive Decision

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Thames JC 4 January 2018 – R 1 – Chair, Mr A Dooley

ID: JCA14220

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms T Newman - Apprentice Rider

Other Person:
Mr S Autridge - Trainer assisting Ms Newman, Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10117

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Thames JC - 4 January 2018

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2018/01/04

Race Number:
R1

Decision:

As Ms Newman admitted the breach the Committee found the charge proved.

Penalty:

Ms Newman was fined $300.

Facts:

Following the running of race 1, Normans Transport – Morrinsville 2000, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Ms Newman used the whip excessively prior to the 100 metres when riding PRINCESS DAVONE.

Ms Newman acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Autridge assisted Ms Newman at the hearing.

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” 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.

Mr Williamson demonstrated the incident using the available video footage. He identified Ms Newman and showed that she struck her mount 9 times prior to the 100 metres without the required respite. He added that no great force was applied.

Ms Newman acknowledged that she struck her mount 9 times prior to the 100 metres and had nothing further to add.

Mr Autridge accepted that Ms Newman struck her mount too many times but said the strikes were very light.

Submissions for Penalty:

Mr Williamson said that Ms Newman had a clear record and the breach was at the very low end.

Ms Newman and Mr Autridge made no submissions on penalty.

The Committee advised Ms Newman the JCA Penalty Guide starting points for excessive use of the whip.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher.

When viewing the incident it was clear that the 9 strikes were continuous but not forceful.

The mitigating factors were Ms Newman’s clear record under this Rule and her admission of the breach.

PRINCESS DAVONE finished in 2nd place.

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: a9732e10b26739b0488a3a0da82e202c


informantnumber: A10117


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/01/2018


hearing_title: Thames JC 4 January 2018 - R 1 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 1, Normans Transport – Morrinsville 2000, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Ms Newman used the whip excessively prior to the 100 metres when riding PRINCESS DAVONE.

Ms Newman acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Autridge assisted Ms Newman at the hearing.

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” 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.

Mr Williamson demonstrated the incident using the available video footage. He identified Ms Newman and showed that she struck her mount 9 times prior to the 100 metres without the required respite. He added that no great force was applied.

Ms Newman acknowledged that she struck her mount 9 times prior to the 100 metres and had nothing further to add.

Mr Autridge accepted that Ms Newman struck her mount too many times but said the strikes were very light.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Newman admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Ms Newman had a clear record and the breach was at the very low end.

Ms Newman and Mr Autridge made no submissions on penalty.

The Committee advised Ms Newman the JCA Penalty Guide starting points for excessive use of the whip.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher.

When viewing the incident it was clear that the 9 strikes were continuous but not forceful.

The mitigating factors were Ms Newman’s clear record under this Rule and her admission of the breach.

PRINCESS DAVONE finished in 2nd place.


penalty:

Ms Newman was fined $300.


hearing_type: Hearing


Rules: 638(3)b)(ii)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms T Newman - Apprentice Rider


Otherperson: Mr S Autridge - Trainer assisting Ms Newman, Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5b1efbe3b12277c0011a2cf966c6633c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_pm2:


meetid: 9c7208a90250066e250228c3e574cd48


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


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meetdate: 04/01/2018


meet_title: Thames JC - 4 January 2018


meet_expappcomment:


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tracklocation: thames-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Thames JC