Waikato RC 18 May 2019 – R 4 – Chair, Mr A Dooley
ID: JCA16566
Code:
Thoroughbred
Meet Title:
Waikato RC - 18 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/05/18
Race Number:
R4
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Danis was fined $500.
In conclusion the Committee advised Mr Danis that a 3rd breach of this Rule would result in a suspension of 6 to 8 days and the reset period for his excessive whip record is 12 months.
Facts:
Following the running of race 4, Wealleans 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Danis used the whip excessively on his mount LOCK IT IN prior to the 100 metres.
Mr Danis said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Danis 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” 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 Jones demonstrated the incident using the available video footage. He identified Mr Danis and showed that he struck his mount on 11 occasions prior to the 100 metres. He said there were pauses for 2 or 3 strides but not the required 5 strides.
Mr Danis accepted Mr Jones’ interpretation of the breach and said he got excited because he thought he could win the race.
Mr Harris said that Mr Danis needs to learn when using his whip to apply 5 on 5 off. He added that this was an ongoing topic at Apprentice school.
Submissions for Penalty:
Mr Jones said that Mr Danis breached this Rule on 19 December 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and there was no reason to deviate away from that figure.
Mr Danis said that he would accept a $500 fine as this was his 2nd breach within 12 months.
Mr Harris said that Mr Danis does not normally use his whip excessively.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case. This figure includes an admitted breach.
There were no aggravating factors.
We note that LOCK IT IN was placed 4th at the finish.
The video films showed that Mr Danis’ use of the whip was not continuous or forceful.
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: c69da31e99a47cbce8e486e972f308b5
informantnumber: A09677
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/05/2019
hearing_title: Waikato RC 18 May 2019 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Wealleans 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Danis used the whip excessively on his mount LOCK IT IN prior to the 100 metres.
Mr Danis said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Danis 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” 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 Jones demonstrated the incident using the available video footage. He identified Mr Danis and showed that he struck his mount on 11 occasions prior to the 100 metres. He said there were pauses for 2 or 3 strides but not the required 5 strides.
Mr Danis accepted Mr Jones’ interpretation of the breach and said he got excited because he thought he could win the race.
Mr Harris said that Mr Danis needs to learn when using his whip to apply 5 on 5 off. He added that this was an ongoing topic at Apprentice school.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Danis breached this Rule on 19 December 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine and there was no reason to deviate away from that figure.
Mr Danis said that he would accept a $500 fine as this was his 2nd breach within 12 months.
Mr Harris said that Mr Danis does not normally use his whip excessively.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case. This figure includes an admitted breach.
There were no aggravating factors.
We note that LOCK IT IN was placed 4th at the finish.
The video films showed that Mr Danis’ use of the whip was not continuous or forceful.
penalty:
Accordingly, Mr Danis was fined $500.
In conclusion the Committee advised Mr Danis that a 3rd breach of this Rule would result in a suspension of 6 to 8 days and the reset period for his excessive whip record is 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones -Stipendiary Steward
JockeysandTrainer: Mr D Danis - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 9fa35eebb08997d1b987afda76b31cfa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0613ec65030c16d95160adae7ccaaa3a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/05/2019
meet_title: Waikato RC - 18 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC