Waikato RC 29 May 2019 – R 3 – Chair, Mr A Dooley
ID: JCA15215
Code:
Thoroughbred
Meet Title:
Waikato RC - 29 May 2019
Meet Chair:
ADooley
Race Date:
2019/05/29
Race Number:
R3
Decision:
As Mr O’Malley admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr O’Malley was fined $300.
In conclusion the Committee advised Mr O’Malley the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
Facts:
Following the running of race 3, Allied Security 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr O’Malley used his whip excessively on his mount FIGEAMEOUT prior to the 100 metres.
Mr O’Malley said that he understood the Rule and confirmed he admitted the breach.
Mr Harris assisted Mr O’Malley 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 Jones demonstrated the incident using the available video footage. He identified Mr O’Malley and showed that he struck his mount 7 times early in the home straight, then he gave his mount the required respite. However, Mr O’Malley then reverted back to using his whip 9 times without the required respite prior to the 100 metres.
Mr O’Malley accepted Mr Jones’ interpretation of the incident.
Mr Harris said that Mr O’Malley was a polished rider who needs to learn to slow down his whip action.
Submissions for Penalty:
Mr Jones said that Mr O’Malley had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr O’Malley and Mr Harris made no submissions on penalty.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
The Committee observed that the strikes were not continuous or forceful.
FIGEAMEOUT finished in 4th place.
There were no aggravating factors that warranted an uplift in penalty.
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: 771fe0c1f6fc31f3c2b11304205fa1b5
informantnumber: A09684
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/05/2019
hearing_title: Waikato RC 29 May 2019 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Allied Security 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr O’Malley used his whip excessively on his mount FIGEAMEOUT prior to the 100 metres.
Mr O’Malley said that he understood the Rule and confirmed he admitted the breach.
Mr Harris assisted Mr O’Malley 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 Jones demonstrated the incident using the available video footage. He identified Mr O’Malley and showed that he struck his mount 7 times early in the home straight, then he gave his mount the required respite. However, Mr O’Malley then reverted back to using his whip 9 times without the required respite prior to the 100 metres.
Mr O’Malley accepted Mr Jones’ interpretation of the incident.
Mr Harris said that Mr O’Malley was a polished rider who needs to learn to slow down his whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr O’Malley admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr O’Malley had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr O’Malley and Mr Harris made no submissions on penalty.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.
The Committee observed that the strikes were not continuous or forceful.
FIGEAMEOUT finished in 4th place.
There were no aggravating factors that warranted an uplift in penalty.
penalty:
Accordingly, Mr O’Malley was fined $300.
In conclusion the Committee advised Mr O’Malley the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr S O'Malley - Class B & D Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 3424d129d3f7ae8adc785c04b2bde83e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d030bb4a945819b89aa06dd330149e30
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/05/2019
meet_title: Waikato RC - 29 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waikato RC