Timaru RC 3 April 2019 – R 5 – Chair, Mr S Ching
ID: JCA13965
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 3 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/04/03
Race Number:
R5
Decision:
Mr Campbell having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Campbell is fined the sum of $500.
Facts:
Following the running of Race 5, the Willow Glen Stud Mile Maiden 1600, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr C Campbell, alleging that, as the rider of TOO FERLAXED in the race, “used his whip in an excessive manner prior to the 100m.”
Mr Campbell was present at the hearing of the information. Mr Campbell had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 Davidson, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and showed video replays of the final 200 metres of the race. He pointed out Mr Campbell riding TOO FERLAXED, racing in the lead position as the field approached the 200m. Mr McIntyre said that Mr Campbell drew the whip and used it on 10 occasions, with only brief pauses, not the required 5 strides, prior to the 100m. Mr Davidson stated that the strikes were not forceful but the lack of respite as per the Guidelines was the reason for the charge.
Mr Campbell made no submissions in regard to the offence with Mr Walsh stating that the offence was clear cut, as the films showed.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Campbell’s record showed 1 previous breach over the past 12 months being on 1 January 2019 at Waikouaiti where he received a 5-day suspension. Mr Davidson stated that this breach should be regarded as Mr Campbell's second breach and as per the JCA Penalty Guidelines, a $500 fine be considered as penalty. Mr Davidson submitted that the breach was low range as the strikes were not forceful and there were two brief pauses with his whip action.
Mr Campbell made no submissions in regard to penalty. Mr Walsh said that the penalty submitted by Mr Davidson was fair and reasonable and in line with the JCA Penalty Guide.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a second breach of this rule within a 12-month period. We agreed with Mr Davidson that this breach was low range and therefore no aggravating factors to consider. We determined an uplift in penalty was not warranted. The Committee hence determined that a fine of $500 as per the JCA Penalty Guide was appropriate penalty in this case.
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: 857d89b611f3191df78f98d1792aa7a8
informantnumber: A9080
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/04/2019
hearing_title: Timaru RC 3 April 2019 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Willow Glen Stud Mile Maiden 1600, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr C Campbell, alleging that, as the rider of TOO FERLAXED in the race, “used his whip in an excessive manner prior to the 100m.”
Mr Campbell was present at the hearing of the information. Mr Campbell had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 Davidson, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and showed video replays of the final 200 metres of the race. He pointed out Mr Campbell riding TOO FERLAXED, racing in the lead position as the field approached the 200m. Mr McIntyre said that Mr Campbell drew the whip and used it on 10 occasions, with only brief pauses, not the required 5 strides, prior to the 100m. Mr Davidson stated that the strikes were not forceful but the lack of respite as per the Guidelines was the reason for the charge.
Mr Campbell made no submissions in regard to the offence with Mr Walsh stating that the offence was clear cut, as the films showed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Campbell having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Campbell’s record showed 1 previous breach over the past 12 months being on 1 January 2019 at Waikouaiti where he received a 5-day suspension. Mr Davidson stated that this breach should be regarded as Mr Campbell's second breach and as per the JCA Penalty Guidelines, a $500 fine be considered as penalty. Mr Davidson submitted that the breach was low range as the strikes were not forceful and there were two brief pauses with his whip action.
Mr Campbell made no submissions in regard to penalty. Mr Walsh said that the penalty submitted by Mr Davidson was fair and reasonable and in line with the JCA Penalty Guide.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine, mitigation inclusive, for a second breach of this rule within a 12-month period. We agreed with Mr Davidson that this breach was low range and therefore no aggravating factors to consider. We determined an uplift in penalty was not warranted. The Committee hence determined that a fine of $500 as per the JCA Penalty Guide was appropriate penalty in this case.
penalty:
Accordingly, Mr Campbell is fined the sum of $500.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: C Campbell-Licensed Apprentice Jockey (Class B)
Otherperson: D Walsh NZTR Apprentice Jockey Mentor, Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bdf4dc9498d1b001407e74810d85c054
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 63dc9d438476e7fd1df98aa4e49e1671
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/04/2019
meet_title: South Canterbury RC - 3 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: South Canterbury RC