Archive Decision

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Waikato RC 17 January 2015 – R 7

ID: JCA11140

Applicant:
Mr M Williamson - Sitpendiary Steward

Respondent(s):
Miss R Smyth apprentice rider of BECHTOLSHEIMER

Other Person:
Mr R Collett - Licensed Trainer assisting Miss Smyth, Mr N McIntyre - Co-Chief Stipendiary Steward

Information Number:
3571

Hearing Type:
Hearing

New Charge:
Improper use of whip

Rules:
638 (3) (b), The rule reads as follows: a rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 17 January 2015

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2015/01/17

Race Number:
R7

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly we find an appropriate penalty to be a fine of $175.00.

Facts:

Following race 7, Hamilton Party Hire 1600, an information was filed by Mr Williamson alleging that Miss Smyth used her whip in an unnecessary manner in the run home when out of contention. 

Mr McIntyre demonstrated the video films and pointed out BECHTOLSHEIMER racing in a clear last position at the 200 metres. He said from this point Miss Smyth's mount continued to lose ground and was clearly out of contention when she struck her mount 6 times with the whip. Mr McIntyre said this was absolutely inappropriate as she was a clear last and had no hope of finishing in the prize money.

Miss Smyth told the committee she did not realise her mount had bled when she struck it with the whip. She did so because her mount was a stayer and took time to wind up. She said her instructions were to be handy but on this occasion found her mount was flat footed and for this reason gave her 6 strikes with the whip.

Mr Collett said it was an unfortunate incident and a big misunderstanding by Miss Smyth as she did not realise the horse had bled.  He added BECHTOLSHEIMER was a stayer so Miss Smyth thought she would respond to the whip. 

Submissions for Penalty:

Mr Williamson submitted Miss Smyth had a clear record under this rule.  He said it was clear her mount did not need to be hit and the stewards do not condone hitting a well beaten horse.  He said a fine of $150 to $250 would be appropriate.

Mr Collett said on behalf of Miss Smyth that she did not normally go for the whip quickly.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  We are satisfied that Miss Smyth struck her mount 6 times when it was clearly out of contention.  We assess the severity of strikes to be low and it was unfortunate the horse bled which Miss Smyth was unaware of.

The committee referred to similar penalties which range from $100 to $300.  We also give Miss Smyth credit for her admission of the breach and her clear record under this rule.

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: 1ea2603073738b97adfcf71076defd75


informantnumber: 3571


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Improper use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 13/01/2015


hearing_title: Waikato RC 17 January 2015 - R 7


charge:


facts:

Following race 7, Hamilton Party Hire 1600, an information was filed by Mr Williamson alleging that Miss Smyth used her whip in an unnecessary manner in the run home when out of contention. 

Mr McIntyre demonstrated the video films and pointed out BECHTOLSHEIMER racing in a clear last position at the 200 metres. He said from this point Miss Smyth's mount continued to lose ground and was clearly out of contention when she struck her mount 6 times with the whip. Mr McIntyre said this was absolutely inappropriate as she was a clear last and had no hope of finishing in the prize money.

Miss Smyth told the committee she did not realise her mount had bled when she struck it with the whip. She did so because her mount was a stayer and took time to wind up. She said her instructions were to be handy but on this occasion found her mount was flat footed and for this reason gave her 6 strikes with the whip.

Mr Collett said it was an unfortunate incident and a big misunderstanding by Miss Smyth as she did not realise the horse had bled.  He added BECHTOLSHEIMER was a stayer so Miss Smyth thought she would respond to the whip. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Williamson submitted Miss Smyth had a clear record under this rule.  He said it was clear her mount did not need to be hit and the stewards do not condone hitting a well beaten horse.  He said a fine of $150 to $250 would be appropriate.

Mr Collett said on behalf of Miss Smyth that she did not normally go for the whip quickly.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  We are satisfied that Miss Smyth struck her mount 6 times when it was clearly out of contention.  We assess the severity of strikes to be low and it was unfortunate the horse bled which Miss Smyth was unaware of.

The committee referred to similar penalties which range from $100 to $300.  We also give Miss Smyth credit for her admission of the breach and her clear record under this rule.


penalty:

Accordingly we find an appropriate penalty to be a fine of $175.00.


hearing_type: Hearing


Rules: 638 (3) (b), The rule reads as follows: a rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.


Informant: Mr M Williamson - Sitpendiary Steward


JockeysandTrainer: Miss R Smyth apprentice rider of BECHTOLSHEIMER


Otherperson: Mr R Collett - Licensed Trainer assisting Miss Smyth, Mr N McIntyre - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 503cda7bf662f72af0c4844490ddc88b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f8270f7b2bad998a19f051ee4468dcd2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/01/2015


meet_title: Waikato RC - 17 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Waikato RC