Waikato RC 8 August 2020 – R 6 – Chair, Mr N McCutcheon
ID: JCA14057
Code:
Thoroughbred
Meet Title:
Waikato RC - 8 August 2020
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ASmith
Race Date:
2020/08/08
Race Number:
R 6
Decision:
As the breach was admitted it was deemed proved by the Committee.
Penalty:
Mr Montes de Oca’s Apprentice Jockey’s License was suspended from the end of racing on 8 August up to the cessation of racing on 23 August 2020 (6 Riding Days).
All riders need to be mindful that excessive use of the whip is a serious animal welfare issue and will not be condoned.
Facts:
Following the running of Race 6 (Foster 2100) Information No. A13379 was filed with the Judicial Committee. It was alleged that Mr Montes de Oca used his whip excessively prior to the 100m.
Mr Richards on behalf of the Respondent said that the Rule was understood and confirmed that the breach was admitted.
Mr Coles showed the film replays and said that Mr Montes de Oca used the whip in both hands alternatively and had struck his mount a total of 13 times prior to the 100m. He said that he also struck his mount consecutively on two occasions; firstly 3 times in a row and then 7 times in a row.
Mr Richards said that he had nothing to add as it was a clear breach of the Rule.
Submissions for Penalty:
Mr Williamson said that Mr Montes de Oca had had only a few rides in New Zealand and had a clear record. He submitted that due to the higher number of strikes and the consecutive use of the whip, that a term of suspension would be an appropriate penalty.
Mr Richards in response said that it was Mr Montes de Oca’s first breach; he was riding in a different country and asked the Committee to show some leniency.
Mr Richards confirmed that the Respondent had had less than 12 rides (in New Zealand) and 35 trial rides.
Reasons for Penalty:
The film evidence was very clear that the Respondent had used the whip 13 times prior to the 100m and had struck his mount on consecutive times. The limit prior to the 100m is 5 strikes with the whip. 13 times is well in excess and would be placed in the higher category. The JCA Penalty Guideline for such use is a 6-Riding Day suspension.
Taking into account the number of strikes and the consecutive use of the whip, it was considered that an increase could be applied due to these aggravating features.
Balanced against that was that it was a first breach of the Rule and that the Respondent had had a limited number of raceday rides in New Zealand. The JCA starting point was considered to be a condign penalty.
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: 923fcc210d9172efb557b3f5c8f4f100
informantnumber: A13379
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/08/2020
hearing_title: Waikato RC 8 August 2020 - R 6 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 6 (Foster 2100) Information No. A13379 was filed with the Judicial Committee. It was alleged that Mr Montes de Oca used his whip excessively prior to the 100m.
Mr Richards on behalf of the Respondent said that the Rule was understood and confirmed that the breach was admitted.
Mr Coles showed the film replays and said that Mr Montes de Oca used the whip in both hands alternatively and had struck his mount a total of 13 times prior to the 100m. He said that he also struck his mount consecutively on two occasions; firstly 3 times in a row and then 7 times in a row.
Mr Richards said that he had nothing to add as it was a clear breach of the Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted it was deemed proved by the Committee.
sumissionsforpenalty:
Mr Williamson said that Mr Montes de Oca had had only a few rides in New Zealand and had a clear record. He submitted that due to the higher number of strikes and the consecutive use of the whip, that a term of suspension would be an appropriate penalty.
Mr Richards in response said that it was Mr Montes de Oca’s first breach; he was riding in a different country and asked the Committee to show some leniency.
Mr Richards confirmed that the Respondent had had less than 12 rides (in New Zealand) and 35 trial rides.
reasonsforpenalty:
The film evidence was very clear that the Respondent had used the whip 13 times prior to the 100m and had struck his mount on consecutive times. The limit prior to the 100m is 5 strikes with the whip. 13 times is well in excess and would be placed in the higher category. The JCA Penalty Guideline for such use is a 6-Riding Day suspension.
Taking into account the number of strikes and the consecutive use of the whip, it was considered that an increase could be applied due to these aggravating features.
Balanced against that was that it was a first breach of the Rule and that the Respondent had had a limited number of raceday rides in New Zealand. The JCA starting point was considered to be a condign penalty.
penalty:
Mr Montes de Oca’s Apprentice Jockey’s License was suspended from the end of racing on 8 August up to the cessation of racing on 23 August 2020 (6 Riding Days).
All riders need to be mindful that excessive use of the whip is a serious animal welfare issue and will not be condoned.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr Montes de Oca - Rider of RICHARD YORKE
Otherperson: Mr P Richards - Assisting Mr Montes de Oca, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d74fe5c4dd9a7e9c13a790ba156657d6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: da6066784aba10d300835dccf9340200
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/08/2020
meet_title: Waikato RC - 8 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ASmith
meet_pm2: none
name: Waikato RC