Waipukurau JC 10 December 2017 – R 7 – Chair, Mrs N Moffatt
ID: JCA10686
Code:
Thoroughbred
Meet Title:
Waipukurau JC - 10 December 2017
Meet Chair:
NMoffatt
Meet Committee Member 1:
TCastles
Race Date:
2017/12/10
Race Number:
R 7
Decision:
As Mr O’Malley admitted the breach the charge was found to be proved.
Penalty:
Accordingly, Mr O’Malley is fined the sum of $300.
Facts:
Following Race 7 Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that apprentice jockey, S O’Malley used his whip excessively prior to the 100m without the necessary respite.
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” provide:
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 O’Malley acknowledged he understood the rule and confirmed his admission of the breach. His employer, Mr Haigh, was unavailable to come to the judicial room therefore Mr K Gray was assisting.
Mr Goodwin had Mr Balcombe demonstrate the breach using the head-on video. He counted Mr O’Malley use his whip approximately 13 times prior to the 100m. At no time did Mr O’Malley put his stick away for the required 5 strides respite, pausing only for 1-2 strides each time.
Mr O’Malley did not dispute the stewards’ interpretation of the breach.
Submissions for Penalty:
Mr Goodwin submitted that a fine in line with a first offence would be an appropriate penalty.
Mr Gray conceded that Mr O’Malley had used the whip with some force but asked for leniency. He explained to the Committee that apprentice riders in the Central Districts are struggling, with no riding mentor available to help them improve their riding.
Mr O’Malley had nothing to add.
Reasons for Penalty:
New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
The Committee adopted the first breach starting point of $300. It was our opinion that this breach was above midrange. Not only did Mr O’Malley fall well below the guidelines of a five-stride respite but his whip use was forceful and a very poor look for racing. We would normally have applied an uplift from the starting point however Mr O’Malley is an inexperienced rider having had only 45 rides and we have taken this in account. We have also had regard to the fact, outlined again by Mr Gray, whereby Central District apprentices are currently disadvantaged by the lack of a riding mentor in this area. This is an area of immense concern and frustration for trainers and apprentices alike.
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: 08152c6e71fde5c33f30aa914473b727
informantnumber: A8794
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/12/2017
hearing_title: Waipukurau JC 10 December 2017 - R 7 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 7 Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that apprentice jockey, S O’Malley used his whip excessively prior to the 100m without the necessary respite.
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” provide:
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 O’Malley acknowledged he understood the rule and confirmed his admission of the breach. His employer, Mr Haigh, was unavailable to come to the judicial room therefore Mr K Gray was assisting.
Mr Goodwin had Mr Balcombe demonstrate the breach using the head-on video. He counted Mr O’Malley use his whip approximately 13 times prior to the 100m. At no time did Mr O’Malley put his stick away for the required 5 strides respite, pausing only for 1-2 strides each time.
Mr O’Malley did not dispute the stewards’ interpretation of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr O’Malley admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin submitted that a fine in line with a first offence would be an appropriate penalty.
Mr Gray conceded that Mr O’Malley had used the whip with some force but asked for leniency. He explained to the Committee that apprentice riders in the Central Districts are struggling, with no riding mentor available to help them improve their riding.
Mr O’Malley had nothing to add.
reasonsforpenalty:
New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
The Committee adopted the first breach starting point of $300. It was our opinion that this breach was above midrange. Not only did Mr O’Malley fall well below the guidelines of a five-stride respite but his whip use was forceful and a very poor look for racing. We would normally have applied an uplift from the starting point however Mr O’Malley is an inexperienced rider having had only 45 rides and we have taken this in account. We have also had regard to the fact, outlined again by Mr Gray, whereby Central District apprentices are currently disadvantaged by the lack of a riding mentor in this area. This is an area of immense concern and frustration for trainers and apprentices alike.
penalty:
Accordingly, Mr O’Malley is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr S O'Malley - Apprentice Rider
Otherperson: Mr K Gray - Licensed Trainer assisting Mr O'Malley, Mr D Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 04dbf830e63583d20151bb3cb8044556
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a0c9ed5ee2c54bccdb39a47c81fa903
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2017
meet_title: Waipukurau JC - 10 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipukurau-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TCastles
meet_pm2: none
name: Waipukurau JC