Archive Decision

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Waikato RC 19 May 2018 – R 7 – Chair, Mr A Dooley

ID: JCA12942

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M Coleman - Class A Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A10389

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 19 May 2018

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2018/05/19

Race Number:
R7

Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Coleman was fined $500.

Facts:

Following the running of race 7, Distinction Hamilton Hotel 1200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Coleman used the whip in an excessive manner on MALAMBO prior to the 100 metres.

Mr Coleman endorsed the Information “I do admit the breach and I do not wish to be present 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 Coles demonstrated the incident using the available video footage. He identified Mr Coleman and showed that he struck his mount 9 times prior to the 100 metres. He added that Mr Coleman paused his use of the whip for 3 strides but not for the minimum of 5 strides.

In electing not to be present Mr Coleman advised the Stewards that he accepted the number of strikes were outside the guidelines.

Submissions for Penalty:

Mr Williamson said that Mr Coleman had 1 previous breach of this Rule on 26 February 2018 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a 2nd breach was a $500 fine and there was no reason to deviate from that.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide provides for a $500 fine for a 2nd breach of the whip Rule.

There were no aggravating factors.

There were no exceptional mitigating factors that warrant a departure from the guidelines.

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: 6c95daf5e47f65998e5ba3cef44671d2


informantnumber: A10389


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 20/05/2018


hearing_title: Waikato RC 19 May 2018 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Distinction Hamilton Hotel 1200, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Coleman used the whip in an excessive manner on MALAMBO prior to the 100 metres.

Mr Coleman endorsed the Information “I do admit the breach and I do not wish to be present 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 Coles demonstrated the incident using the available video footage. He identified Mr Coleman and showed that he struck his mount 9 times prior to the 100 metres. He added that Mr Coleman paused his use of the whip for 3 strides but not for the minimum of 5 strides.

In electing not to be present Mr Coleman advised the Stewards that he accepted the number of strikes were outside the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mr Coleman had 1 previous breach of this Rule on 26 February 2018 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a 2nd breach was a $500 fine and there was no reason to deviate from that.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide provides for a $500 fine for a 2nd breach of the whip Rule.

There were no aggravating factors.

There were no exceptional mitigating factors that warrant a departure from the guidelines.


penalty:

Accordingly, Mr Coleman was fined $500.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Class A Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8707794721ec41195eaf65020be049c4


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: 2543b33050226c69e3a4fc28ac8167e1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/05/2018


meet_title: Waikato RC - 19 May 2018


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