Archive Decision

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Waipukurau JC 8 December 2013 – R 1

ID: JCA13232

Applicant:
N Goodwin

Respondent(s):
J Parkes

Information Number:
A4003

Hearing Type:
Hearing

New Charge:
Alledged breach of rule 638 (3) (b)

Rules:
638 (3) (b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipukurau JC - 8 December 2013

Meet Chair:
TCastles

Meet Committee Member 1:
TUtikere

Race Date:
2013/12/08

Race Number:
R1

Decision:

As the charge was admitted, it was deemed proved.

Penalty:

Mr. Parkes was fined the sum of $550.00.

Facts:

Jockey J. Parkes, rider of Sentiment, admitted a breach of rule 638 (3) (b) in that he used his whip excessively prior to the 200 metres. Rule 638 (3) (b) reads:  “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.

Upon the reading of the rule Mr. Goodwin indicated that the charge related to excessive. Using the available films he indicated to the committee that between the 400 metre mark and the 200 metre mark Mr. Parkes used the whip on his mount a total of 17 times – well outside the guidelines. His mount Sentiment was pulled wide rounding the home turn and the whip use could be plainly seen.

Mr. Parkes had no comment except to say it did look bad and he hoped that this charge would prove a wakeup call.

Submissions for Penalty:

Submissions on penalty were presented by Mr. Goodwin who informed the committee that Mr. Parkes had been charged under this rule on 3 occasions. The first on the 27/12/2012, then 10/08/2013 and the 26/10/2013. On these occasions a monetary penalty was imposed, the last a fine of $250.

Mr. Goodwin stated that this breach was not of a minor nature, the number of strikes was clearly excessive and consideration was given by the stewards to ask for a penalty of a period of suspension. He believed that the breach however could be best served by a monetary penalty in the vicinity of $500.

Mr. Parkes had no comment.

Reasons for Penalty:

The committee carefully considered the breach. The concern centred around the number of strikes on the horse by Mr. Parkes in the relatively short space (17 times in 200 metres). The incident was clearly visible to the large crowd on course – the horse was taken wide on the home turn to mount its run and was the widest runner. The committee did note that in the final run to the line Mr. Parkes did not use the whip in an excessive manner – the damage had been already done.

Mr. Parkes was told in no uncertain terms the committee viewed this breach at the upper end of the scale. While the breach was admitted and Mr. Parkes was remorseful he could not escape the fact that it looked bad. The many spectators that lined the fence would have received an uninterrupted view.

The committee, like the stewards, considered the option of a period of suspension for this breach. Mr. Parkes had breached this rule on 3 previous occasions in a period of just under 12 months. It was noted that the last two breaches, both incurring a fine of $250, occurred on the 10/08/2013 and 26/10/2013 – the other breach happened in December 2012.

While the committee did take into account Mr. Parkes' admittance of the breach it was made abundantly clear to him that further breaches of this rule would almost certainly be dealt with by way of a period of suspension.

He is a senior rider and with that seniority comes responsibility to ride within the rules.

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: 56012bbf41b48bec13c1fe16418bafa0


informantnumber: A4003


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alledged breach of rule 638 (3) (b)


plea: admitted


penaltyrequired: 1


decisiondate: 30/11/2013


hearing_title: Waipukurau JC 8 December 2013 - R 1


charge:


facts:

Jockey J. Parkes, rider of Sentiment, admitted a breach of rule 638 (3) (b) in that he used his whip excessively prior to the 200 metres. Rule 638 (3) (b) reads:  “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.

Upon the reading of the rule Mr. Goodwin indicated that the charge related to excessive. Using the available films he indicated to the committee that between the 400 metre mark and the 200 metre mark Mr. Parkes used the whip on his mount a total of 17 times – well outside the guidelines. His mount Sentiment was pulled wide rounding the home turn and the whip use could be plainly seen.

Mr. Parkes had no comment except to say it did look bad and he hoped that this charge would prove a wakeup call.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, it was deemed proved.


sumissionsforpenalty:

Submissions on penalty were presented by Mr. Goodwin who informed the committee that Mr. Parkes had been charged under this rule on 3 occasions. The first on the 27/12/2012, then 10/08/2013 and the 26/10/2013. On these occasions a monetary penalty was imposed, the last a fine of $250.

Mr. Goodwin stated that this breach was not of a minor nature, the number of strikes was clearly excessive and consideration was given by the stewards to ask for a penalty of a period of suspension. He believed that the breach however could be best served by a monetary penalty in the vicinity of $500.

Mr. Parkes had no comment.


reasonsforpenalty:

The committee carefully considered the breach. The concern centred around the number of strikes on the horse by Mr. Parkes in the relatively short space (17 times in 200 metres). The incident was clearly visible to the large crowd on course – the horse was taken wide on the home turn to mount its run and was the widest runner. The committee did note that in the final run to the line Mr. Parkes did not use the whip in an excessive manner – the damage had been already done.

Mr. Parkes was told in no uncertain terms the committee viewed this breach at the upper end of the scale. While the breach was admitted and Mr. Parkes was remorseful he could not escape the fact that it looked bad. The many spectators that lined the fence would have received an uninterrupted view.

The committee, like the stewards, considered the option of a period of suspension for this breach. Mr. Parkes had breached this rule on 3 previous occasions in a period of just under 12 months. It was noted that the last two breaches, both incurring a fine of $250, occurred on the 10/08/2013 and 26/10/2013 – the other breach happened in December 2012.

While the committee did take into account Mr. Parkes' admittance of the breach it was made abundantly clear to him that further breaches of this rule would almost certainly be dealt with by way of a period of suspension.

He is a senior rider and with that seniority comes responsibility to ride within the rules.


penalty:

Mr. Parkes was fined the sum of $550.00.


hearing_type: Hearing


Rules: 638 (3) (b)


Informant: N Goodwin


JockeysandTrainer: J Parkes


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7146df3cded4ef1af8ed0b9591c08131


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b671d2e4b000fcf7c8f1334efd2e0f46


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/12/2013


meet_title: Waipukurau JC - 8 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipukurau-jc


meet_racingtype: thoroughbred-racing


meet_chair: TCastles


meet_pm1: TUtikere


meet_pm2: none


name: Waipukurau JC