Waikato RC 19 August 2017 – R 5 – Chair, Mr A Dooley
ID: JCA17703
Code:
Thoroughbred
Meet Title:
Waikato RC - 19 August 2017
Meet Chair:
ADooley
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/08/19
Race Number:
Race 5
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Colgan was fined $600.
Facts:
Following the running of race 5, Lisa Chittick Foxbridge Plate (Group 2), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Colgan used the whip in an excessive manner when riding AUTHENTIC PADDY.
Mr Colgan acknowledged that he understood the Rule and confirmed his admission of 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 Jones demonstrated the incident using the available video footage. He identified Mr Colgan and showed that from the 350 metres until the 100 metres Mr Colgan struck his mount 10 times. He said Mr Colgan failed to give his mount the required respite for 5 strides.
Mr Colgan declined to comment on the incident when invited to do so.
Submissions for Penalty:
Mr Oatham said that the 10 strikes were not completely continuous and he described the breach as at the low end of the scale. He said the aggravating fact was the breach occurred in a Group 2 race worth $100,000. He said that AUTHENTIC PADDY finished in 5th position and the Stewards did not believe that Mr Colgan had gained any advantage. He said that Mr Colgan breached this Rule on 16 August 2017 and incurred a $300 fine. He submitted that due to the fact this was Mr Colgan’s 2nd breach a $500 fine was the recommended starting point under the new Guidelines.
Mr Colgan had no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.
The aggravating factors were the status of the race (Group 2), the stakes payable ($100,000). It is pertinent to note that only 3 days ago Mr Colgan breached this Rule. The Committee therefore deemed it to be a noteworthy fact that Mr Colgan again used his whip outside the Guidelines today.
When reviewing the incident the Committee was satisfied that no advantage had been gained although we observed that there was only ½ a length from 3rd to 6th placing. AUTHENTIC PADDY finished in 5th place.
The mitigating factors were Mr Colgan’s admission of the breach, albeit unsurprising and the number of strikes (10) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
After taking into account all the above factors the Committee considered that an appropriate penalty was a $600 fine.
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: e17db3623b864342919dc6b52e921f3a
informantnumber: A10002
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 21/08/2017
hearing_title: Waikato RC 19 August 2017 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Lisa Chittick Foxbridge Plate (Group 2), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Colgan used the whip in an excessive manner when riding AUTHENTIC PADDY.
Mr Colgan acknowledged that he understood the Rule and confirmed his admission of 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 Jones demonstrated the incident using the available video footage. He identified Mr Colgan and showed that from the 350 metres until the 100 metres Mr Colgan struck his mount 10 times. He said Mr Colgan failed to give his mount the required respite for 5 strides.
Mr Colgan declined to comment on the incident when invited to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that the 10 strikes were not completely continuous and he described the breach as at the low end of the scale. He said the aggravating fact was the breach occurred in a Group 2 race worth $100,000. He said that AUTHENTIC PADDY finished in 5th position and the Stewards did not believe that Mr Colgan had gained any advantage. He said that Mr Colgan breached this Rule on 16 August 2017 and incurred a $300 fine. He submitted that due to the fact this was Mr Colgan’s 2nd breach a $500 fine was the recommended starting point under the new Guidelines.
Mr Colgan had no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA starting point for a 2nd breach of excessive use of the whip is a $500 fine.
The aggravating factors were the status of the race (Group 2), the stakes payable ($100,000). It is pertinent to note that only 3 days ago Mr Colgan breached this Rule. The Committee therefore deemed it to be a noteworthy fact that Mr Colgan again used his whip outside the Guidelines today.
When reviewing the incident the Committee was satisfied that no advantage had been gained although we observed that there was only ½ a length from 3rd to 6th placing. AUTHENTIC PADDY finished in 5th place.
The mitigating factors were Mr Colgan’s admission of the breach, albeit unsurprising and the number of strikes (10) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
After taking into account all the above factors the Committee considered that an appropriate penalty was a $600 fine.
penalty:
Accordingly, Mr Colgan was fined $600.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Licensed Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5464231de7e65973bc36a4672e767629
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 39ef001da8f0fba88a374d506f9322c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/08/2017
meet_title: Waikato RC - 19 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: NMcCutcheon
meet_pm2: none
name: Waikato RC