Waikato RC 6 February 2018 – R 7 – Chair, Mr G Jones
ID: JCA13045
Code:
Thoroughbred
Meet Title:
Waikato RC - 6 February 2018
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2018/02/06
Race Number:
R7
Decision:
As Ms Thornton admitted the breach the Committee found the charge proved.
Penalty:
Ms Thornton was fined $750 and her license suspended from 12 February until 17 February 2018 (inclusive).
Facts:
Following the running of race 7, the Warren Storm Lifebrookers Waikato Guineas (Group 2), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Thornton used the whip excessively on her mount XBOX prior to the 100 metres.
Ms Thornton acknowledged that she understood the Rule and confirmed her admission.
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.
The guidelines also provide that it will also be unacceptable where a rider uses the drawn whip with the arm above shoulder height (refer guidelines (g).
Ms Thornton acknowledged that she understood the Rule and the nature of the charge. She also confirmed her admission of the breach.
Stipendiary Steward Mr Coles demonstrated the breach using the available video footage. He identified Ms Thornton and showed that she struck her mount 8 times prior to the 100 metres. He said that it was of particular concern that 2 of the strikes were with her arm above shoulder height. On that basis, he said the breach encompassed not only the number of strikes, but also the unacceptable use of the drawn whip, both of which are outside the guidelines.
Ms Thornton acknowledged that she struck her mount 8 times but said she felt it was unreasonable to have been charged because the number of strikes was only just outside the guidelines.
Submissions for Penalty:
Mr Oatham said this charge is Ms Thornton’s second breach of this particular rule in recent weeks. The previous breach occurred on 20 January 2018 during the running of the Group 3 Wellington Cup in which Ms Thornton’s mount finished in second place. She was fined $600.
Mr Oatham submitted that the JCA penalty guidelines establish a starting of $500 for a second breach. He said the aggravating factors were that the breach occurred in a Group 2 race with a stake of $100,000. He added Ms Thornton’s mount won the race by a nose and the winner’s share of the stake was $62,500. He also advised the Committee that recent breaches of the whip rule in Group races have resulted in the offending riders receiving an increased fine, with some having received both a fine and suspension.
Mr Oatham submitted some of the strikes were forceful and above shoulder level. He said how the whip is perceived to have been used by the viewing public is an important factor. He urged the Committee to consider a fine and suspension.
Ms Thornton asked the Committee to note that if a suspension is to be considered she has riding commitments up to and including racing on Sunday 11 February 2018. With regards to any proposed penalty, Ms Thornton submitted that the strike count was only 8 and any suspension should be minimal.
Reasons for Penalty:
In determination of penalty the Committee considered all the evidence and submissions presented. We also reviewed the video footage and confirmed the number of strikes and that at least 2 of them were forceful with the drawn whip above shoulder height. The Committee also noted penalties that have been recently issued for comparable breaches. We had particular regard for similarities and points of difference.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) as follows:
1st breach $300
2nd breach $500
3rd for subsequent breach 6-8 national riding day suspension
The aggravating factors include the status of the race (Group 2), the stakes payable ($100,000) and the use of the drawn whip above shoulder level for 2 of the strikes. Taking all these factors into account the Committee concludes that a fine and suspension is a necessary and appropriate penalty in the circumstances of this case. Accordingly, we uplift the fine for this 2nd breach of the rule from the starting point of $500 to $750 and impose a 4 (national riding days) suspension. There are no exceptional mitigating factors.
We grant Ms Thornton a suspension deferment until after racing on 11 February 2017.
JCA Decision Fields (raw)
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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: 3a43810e6c8295a956e93f2c53b5d1ce
informantnumber: A10045
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/02/2018
hearing_title: Waikato RC 6 February 2018 - R 7 – Chair, Mr G Jones
charge:
facts:
Following the running of race 7, the Warren Storm Lifebrookers Waikato Guineas (Group 2), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Thornton used the whip excessively on her mount XBOX prior to the 100 metres.
Ms Thornton acknowledged that she understood the Rule and confirmed her admission.
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.
The guidelines also provide that it will also be unacceptable where a rider uses the drawn whip with the arm above shoulder height (refer guidelines (g).
Ms Thornton acknowledged that she understood the Rule and the nature of the charge. She also confirmed her admission of the breach.
Stipendiary Steward Mr Coles demonstrated the breach using the available video footage. He identified Ms Thornton and showed that she struck her mount 8 times prior to the 100 metres. He said that it was of particular concern that 2 of the strikes were with her arm above shoulder height. On that basis, he said the breach encompassed not only the number of strikes, but also the unacceptable use of the drawn whip, both of which are outside the guidelines.
Ms Thornton acknowledged that she struck her mount 8 times but said she felt it was unreasonable to have been charged because the number of strikes was only just outside the guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Thornton admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said this charge is Ms Thornton’s second breach of this particular rule in recent weeks. The previous breach occurred on 20 January 2018 during the running of the Group 3 Wellington Cup in which Ms Thornton’s mount finished in second place. She was fined $600.
Mr Oatham submitted that the JCA penalty guidelines establish a starting of $500 for a second breach. He said the aggravating factors were that the breach occurred in a Group 2 race with a stake of $100,000. He added Ms Thornton’s mount won the race by a nose and the winner’s share of the stake was $62,500. He also advised the Committee that recent breaches of the whip rule in Group races have resulted in the offending riders receiving an increased fine, with some having received both a fine and suspension.
Mr Oatham submitted some of the strikes were forceful and above shoulder level. He said how the whip is perceived to have been used by the viewing public is an important factor. He urged the Committee to consider a fine and suspension.
Ms Thornton asked the Committee to note that if a suspension is to be considered she has riding commitments up to and including racing on Sunday 11 February 2018. With regards to any proposed penalty, Ms Thornton submitted that the strike count was only 8 and any suspension should be minimal.
reasonsforpenalty:
In determination of penalty the Committee considered all the evidence and submissions presented. We also reviewed the video footage and confirmed the number of strikes and that at least 2 of them were forceful with the drawn whip above shoulder height. The Committee also noted penalties that have been recently issued for comparable breaches. We had particular regard for similarities and points of difference.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) as follows:
1st breach $300
2nd breach $500
3rd for subsequent breach 6-8 national riding day suspension
The aggravating factors include the status of the race (Group 2), the stakes payable ($100,000) and the use of the drawn whip above shoulder level for 2 of the strikes. Taking all these factors into account the Committee concludes that a fine and suspension is a necessary and appropriate penalty in the circumstances of this case. Accordingly, we uplift the fine for this 2nd breach of the rule from the starting point of $500 to $750 and impose a 4 (national riding days) suspension. There are no exceptional mitigating factors.
We grant Ms Thornton a suspension deferment until after racing on 11 February 2017.
penalty:
Ms Thornton was fined $750 and her license suspended from 12 February until 17 February 2018 (inclusive).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms T Thornton – Rider of XBOX
Otherperson: Mr Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 18cf3e2370fe433827afdcd4298627d2
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
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meetdate: 06/02/2018
meet_title: Waikato RC - 6 February 2018
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meet_racingtype: thoroughbred-racing
meet_chair: GJones
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name: Waikato RC