Waikato RC 25 November 2020 – R 2 – Chair, Mr G Jones
ID: JCA16824
Code:
Thoroughbred
Meet Title:
Waikato RC - 25 November 2020
Meet Chair:
GJones
Race Date:
2020/11/25
Race Number:
R 2
Decision:
As Mr Harris admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Harris’ deferment is granted and his licence is suspended from after racing on 28 November 2020 until after racing on 10 December 2020 (6 national days).
Note: Because rider declarations for the Cromwell meeting on 29 November 2020 closed, this meeting is not included in the suspension.
Facts:
This charge arises from the running of Race 2, the Adashiko Fashion Stakes 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Harris used his whip excessively when riding MILITARY STEP prior to the 100 metres.
Mr Harris said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(iv)-unnecessary, or
(v)-excessive, or
(vi)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(iv)-The whip should not be used on more than 5 occasions.
(v)-The whip should not be used in consecutive strides.
(vi)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified MILITARY STEP (T Harris) leading into the straight in a one-off position. Mr Williamson pointed out, with the use of the race films, that Mr Harris struck his mount 8 times prior to the 100 metres. He added that 1 of the strikes was a light tap to the shoulder. MILITARY STEP finished in second place.
In response Mr Harris said that he agreed with the Stewards' interpretation of the breach.
Submissions for Penalty:
Mr Jones said that this is Mr Harris’ third breach of the whip rule in the past 12 months, with the first breach having occurred on 19 September 20 ($450 fine) and the second on 3 October 2020 ($600 fine). Mr Jones said that there are no aggravating factors associated with the breach.
Mr Harris submitted that he would prefer a suspension as opposed to a fine and indicated that if a suspension was proposed a deferment until after racing on 28 November 2020 was sought.
Reasons for Penalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of admission of the breach and the riders' record (in this case 3rd breach). This was adopted as the starting point. In order to deviate from the 6-day starting point compelling mitigating circumstances would need to be raised for consideration. In this case no special circumstances were raised and indeed there are no such circumstances.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and noted that they were not forceful or continuous.
Taking all matters into account a 6 (national day) suspension is imposed.
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: a5bd7d16763b776b86eab4db81bd6f11
informantnumber: A14008
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2020
hearing_title: Waikato RC 25 November 2020 – R 2 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 2, the Adashiko Fashion Stakes 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Harris used his whip excessively when riding MILITARY STEP prior to the 100 metres.
Mr Harris said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(iv)-unnecessary, or
(v)-excessive, or
(vi)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(iv)-The whip should not be used on more than 5 occasions.
(v)-The whip should not be used in consecutive strides.
(vi)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified MILITARY STEP (T Harris) leading into the straight in a one-off position. Mr Williamson pointed out, with the use of the race films, that Mr Harris struck his mount 8 times prior to the 100 metres. He added that 1 of the strikes was a light tap to the shoulder. MILITARY STEP finished in second place.
In response Mr Harris said that he agreed with the Stewards' interpretation of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Harris admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that this is Mr Harris’ third breach of the whip rule in the past 12 months, with the first breach having occurred on 19 September 20 ($450 fine) and the second on 3 October 2020 ($600 fine). Mr Jones said that there are no aggravating factors associated with the breach.
Mr Harris submitted that he would prefer a suspension as opposed to a fine and indicated that if a suspension was proposed a deferment until after racing on 28 November 2020 was sought.
reasonsforpenalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of admission of the breach and the riders' record (in this case 3rd breach). This was adopted as the starting point. In order to deviate from the 6-day starting point compelling mitigating circumstances would need to be raised for consideration. In this case no special circumstances were raised and indeed there are no such circumstances.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and noted that they were not forceful or continuous.
Taking all matters into account a 6 (national day) suspension is imposed.
penalty:
Accordingly, Mr Harris’ deferment is granted and his licence is suspended from after racing on 28 November 2020 until after racing on 10 December 2020 (6 national days).
Note: Because rider declarations for the Cromwell meeting on 29 November 2020 closed, this meeting is not included in the suspension.
hearing_type: Hearing
Rules: Rules 638 (3)(b)(ii) and 802 1(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr T Harris - Rider of MILITARY STEP
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 57075b88e8ba78cd04eaed5ee620c6b2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9da55e8b45cce2900511fefe62cef3a2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2020
meet_title: Waikato RC - 25 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Waikato RC