Waikato RC 29 May 2019 – R 4 – Chair, Mr A Dooley
ID: JCA15020
Code:
Thoroughbred
Meet Title:
Waikato RC - 29 May 2019
Meet Chair:
ADooley
Race Date:
2019/05/29
Race Number:
R4
Decision:
As Mr Downs admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Downs was fined $300.
In conclusion the Committee advised Mr Downs the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
Facts:
Following the running of race 4, SVS 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Downs used his whip excessively on his mount NOBLE STAR prior to the 100 metres.
Mr Downs said that he understood the Rule and confirmed he admitted 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” 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 Downs and showed that he struck his mount 10 times prior to the 100 metres. He said there were some pauses but not for the required respite.
Mr Downs accepted Mr Jones’ interpretation of the incident. He advised that he would be upskilling his use of the whip with the assistance of some flat riders prior to riding again on Monday.
Submissions for Penalty:
Mr Jones said that Mr Downs had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Downs accepted that his actions would result in a fine being imposed.
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.
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: 9b8540bc1d8c1683c11d9f6b4ca9e5b1
informantnumber: A09683
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 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, SVS 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Downs used his whip excessively on his mount NOBLE STAR prior to the 100 metres.
Mr Downs said that he understood the Rule and confirmed he admitted 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” 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 Downs and showed that he struck his mount 10 times prior to the 100 metres. He said there were some pauses but not for the required respite.
Mr Downs accepted Mr Jones’ interpretation of the incident. He advised that he would be upskilling his use of the whip with the assistance of some flat riders prior to riding again on Monday.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Downs admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Downs had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Downs accepted that his actions would result in a fine being imposed.
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.
There were no aggravating factors that warranted an uplift in penalty.
penalty:
Accordingly, Mr Downs was fined $300.
In conclusion the Committee advised Mr Downs 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 N Downs - Class D Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b896971204ef3ae1c1d80d48cbf724ff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
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