Archive Decision

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Waikouaiti RC 1 January 2019 – R 4 – Chair, Prof G Hall

ID: JCA10811

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr K Kareem - Apprentice Jockey

Other Person:
Mr M Pitman - Licensed Trainer assisting Kareem, Mr J McLaughlin - Stipendiary Steward

Information Number:
A5424

Hearing Type:
Hearing

New Charge:
Exessive Use of Whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikouaiti RC - 1 January 2019

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2019/01/01

Race Number:
R 4

Decision:

As Mr Kareem has admitted the breach, we find the breach proved.

Penalty:

Mr Kareem is fined the sum of $500.

Facts:

Mr Davidson alleged that Mr Kareem used his whip excessively on his mount CARSON RIVER prior to the 100 metres in race 4, the CARGILL CONTRACTING – BLUESKIN NURSERY – PURE SERVICES HCP 82 1250.

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 excessive.”

Mr Davidson had Mr McLaughlin, Stipendiary Steward, demonstrate the breach using the videos. He pointed out there were 11 strikes before the 100 metres. There were two pauses but there was no clear break for five strides.

Mr Pitman believed the respondent’s whip use was not excessive. He said that while Mr Kareem accepted that he was in breach of the rule, the rule was a farce. It was unfair to expect a young apprentice in the heat of the moment to count the number of strides over which he had ceased to use the whip.

Mr Kareem said that this was only his 12th ride and he was yet to ride a winner. He knew he had a chance to win this race and felt he was under pressure to get the best from the horse.

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which evidenced one previous breach of this rule on 7 December 2018 when the fine was $300. He said a fine of $500 was appropriate.

Mr Pitman and Mr Kareem accepted Mr Davidson’s submission.

Mr Pitman said the respondent had not been aware of the rule when he shifted south to ride. He was a promising apprentice who was willing to learn.

Reasons for Penalty:

This is the respondent’s second breach of this rule this season. The starting point for a second breach of r 638(3)(b)(ii) is a fine of $500.
The breach is low range. There are 11 strikes. There are two pauses, but neither is for the required five strides. There is no need to move up or down from our starting point.

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: 0addfeb200e20bd1156a9806f84d8b84


informantnumber: A5424


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Exessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/01/2019


hearing_title: Waikouaiti RC 1 January 2019 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Kareem used his whip excessively on his mount CARSON RIVER prior to the 100 metres in race 4, the CARGILL CONTRACTING – BLUESKIN NURSERY – PURE SERVICES HCP 82 1250.

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 excessive.”

Mr Davidson had Mr McLaughlin, Stipendiary Steward, demonstrate the breach using the videos. He pointed out there were 11 strikes before the 100 metres. There were two pauses but there was no clear break for five strides.

Mr Pitman believed the respondent’s whip use was not excessive. He said that while Mr Kareem accepted that he was in breach of the rule, the rule was a farce. It was unfair to expect a young apprentice in the heat of the moment to count the number of strides over which he had ceased to use the whip.

Mr Kareem said that this was only his 12th ride and he was yet to ride a winner. He knew he had a chance to win this race and felt he was under pressure to get the best from the horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Kareem has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which evidenced one previous breach of this rule on 7 December 2018 when the fine was $300. He said a fine of $500 was appropriate.

Mr Pitman and Mr Kareem accepted Mr Davidson’s submission.

Mr Pitman said the respondent had not been aware of the rule when he shifted south to ride. He was a promising apprentice who was willing to learn.


reasonsforpenalty:

This is the respondent’s second breach of this rule this season. The starting point for a second breach of r 638(3)(b)(ii) is a fine of $500.
The breach is low range. There are 11 strikes. There are two pauses, but neither is for the required five strides. There is no need to move up or down from our starting point.


penalty:

Mr Kareem is fined the sum of $500.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr K Kareem - Apprentice Jockey


Otherperson: Mr M Pitman - Licensed Trainer assisting Kareem, Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: aeae0d432cf31abd28b6aca94aa0f6a1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 81dcd06588b12deda78df5e5de9a1d22


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2019


meet_title: Waikouaiti RC - 1 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Waikouaiti RC