Waikato RC 23 December 2017 – R 5 – Chair, Mr A Dooley
ID: JCA17779
Code:
Thoroughbred
Meet Title:
Waikato RC - 23 December 2017
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2017/12/23
Race Number:
R5
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Marzuki was fined $300.
In conclusion the Committee advised Mr Marzuki the JCA starting points for a 2nd and 3rd breach of this Rule.
Facts:
Following the running of race 5, Print House 1600, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Marzuki used his whip excessively when riding MISSTUMUT prior to the 100 metres.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. His employer Mr Marsh assisted Mr Marzuki 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 Marzuki and showed that he struck his mount 8 times prior to the 100 metres. He said that Mr Marzuki had ceased for only 3 strides and not the minimum 5 strides.
Mr Marzuki accepted the number of strikes and said that he miscalculated the strikes.
Mr Marsh had nothing further to add.
Submissions for Penalty:
Mr Williamson produced Mr Marzuki’s record which showed no previous breach under this Rule in the last 12 months. He referred to the JCA Penalty Guide which recommends a $300 fine for a 1st breach of this Rule. He submitted that sum would be appropriate for this breach.
Mr Marsh accepted that $300 was the starting point for a 1st breach.
Mr Marzuki had nothing to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 8 strikes were not forceful.
There were no aggravating factors.
The mitigating factors were Mr Marzuki’s clear record under this Rule and his admission of the breach.
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: ecc857aaeda1b009b747bbcb3308b8e5
informantnumber: A10115
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/12/2017
hearing_title: Waikato RC 23 December 2017 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Print House 1600, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Marzuki used his whip excessively when riding MISSTUMUT prior to the 100 metres.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. His employer Mr Marsh assisted Mr Marzuki 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 Marzuki and showed that he struck his mount 8 times prior to the 100 metres. He said that Mr Marzuki had ceased for only 3 strides and not the minimum 5 strides.
Mr Marzuki accepted the number of strikes and said that he miscalculated the strikes.
Mr Marsh had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Marzuki’s record which showed no previous breach under this Rule in the last 12 months. He referred to the JCA Penalty Guide which recommends a $300 fine for a 1st breach of this Rule. He submitted that sum would be appropriate for this breach.
Mr Marsh accepted that $300 was the starting point for a 1st breach.
Mr Marzuki had nothing to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 8 strikes were not forceful.
There were no aggravating factors.
The mitigating factors were Mr Marzuki’s clear record under this Rule and his admission of the breach.
penalty:
Accordingly, Mr Marzuki was fined $300.
In conclusion the Committee advised Mr Marzuki the JCA starting points for a 2nd and 3rd breach of this Rule.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr M Marzuki - Apprentice Rider
Otherperson: Mr S Marsh - Trainer assisting Mr Marzuki, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0158fe8a1bee33c0f268c3c29fd4dd62
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: 05113ea3788cd829a0a267171b954a48
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2017
meet_title: Waikato RC - 23 December 2017
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