Archive Decision

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Waikato RC 23 December 2017 – R 6 – Chair, Mr A Dooley

ID: JCA11157

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms S Spratt - Class A Rider

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A10116

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

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 Ms Spratt admitted the breach the Committee found the charge proved.

Penalty:

Ms Spratt was fined $500.

In conclusion the Committee advised Ms Spratt that a 3rd breach of this Rule has a recommended starting point of 6 to 8 national riding day suspension.

Facts:

Following the running of race 6, Red Cabs 2100, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Spratt used her whip excessively while riding EXCALIBUR prior to the 100 metres.

Ms Spratt acknowledged that she understood the Rule and confirmed her 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” effective 1 August 2017 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 Ms Spratt and showed that she struck her mount 9 times prior to the 100 metres without the required respite of 5 strides.

Ms Spratt agreed with Mr Jones’ interpretation of the incident and nothing further to add.

Submissions for Penalty:

Mr Williamson said that Ms Spratt had 1 previous breach of this Rule on 27 October 2017 which incurred a $300 fine. He said the starting point for a 2nd breach was a $500 fine and he had no reason to deviate away from that sum.

Ms Spratt made no submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.

When reviewing the incident it was clear that the 9 strikes were not forceful.

The mitigating fact was Ms Spratt’s admission of the breach.

EXCALIBUR won the race but there was no suggestion that any advantage had been gained.

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: 0f963b7fff84c2581bce81df126c51b3


informantnumber: A10116


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 6 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, Red Cabs 2100, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Spratt used her whip excessively while riding EXCALIBUR prior to the 100 metres.

Ms Spratt acknowledged that she understood the Rule and confirmed her 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” effective 1 August 2017 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 Ms Spratt and showed that she struck her mount 9 times prior to the 100 metres without the required respite of 5 strides.

Ms Spratt agreed with Mr Jones’ interpretation of the incident and nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Spratt admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Ms Spratt had 1 previous breach of this Rule on 27 October 2017 which incurred a $300 fine. He said the starting point for a 2nd breach was a $500 fine and he had no reason to deviate away from that sum.

Ms Spratt made no submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.

When reviewing the incident it was clear that the 9 strikes were not forceful.

The mitigating fact was Ms Spratt’s admission of the breach.

EXCALIBUR won the race but there was no suggestion that any advantage had been gained.


penalty:

Ms Spratt was fined $500.

In conclusion the Committee advised Ms Spratt that a 3rd breach of this Rule has a recommended starting point of 6 to 8 national riding day suspension.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms S Spratt - Class A Rider


Otherperson: Mr B Jones - 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