Wanganui JC 3 July 2014 – R 1
ID: JCA13322
Code:
Thoroughbred
Meet Title:
Wanganui JC - 3 July 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2014/07/03
Race Number:
R1
Decision:
Penalty:
Facts:
Following the running of race 1 the “Livesport 828AM Maiden Highweight” Information A3306 was filed by Co-Chief Stipendiary Steward Mr R Neal under rule 638(3)(b). The information stated “in that Niall Quinn (Le Mans) used his whip excessively prior to the 200 metres”. Mr Quinn signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.
Rule 638 (3)(b) states “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.
Mr Neal confirmed the Information related to the “excessive” component of the Rule.
Submissions for Decision:
Mr Neal asked Mr Goodwin to show the available films of the incident from the just before the 400m mark. He identified Mr Quinn as the runner closest to the inside rail and positioned towards the rear of the leading bunch of 7 horses. Mr Goodwin said from the 400m to the 200m Mr Quinn struck his horse 11 times without the required respite.
Mr Quinn said he was an inexperienced rider and had spoken to Jockey J Parkes before the race about “Le Mans” as Mr Parkes was a senior rider and had ridden the horse in its previous 2 starts. He said Mr Parkes had told him to not let the horse switch off. Mr Quinn said he felt the horse had responded to every strike he gave the horse but that he had also forgotten about the use of the whip Rule.
Mr Myers said the track was very heavy and the 1600m race had taken 1min 52 seconds. He said because Mr Parkes had told Mr Quinn not to let the horse switch off Mr Quinn struck the horse once at around the 600m to keep its mind on the job but agreed Mr Quinn had hit the horse more times than he should prior to the 200m. He also said Mr Quinn was hitting the horse “Irish style” – every second or third stride – and had done a good job for the owners of the horse as he had gone on to win the race.
Submissions for Penalty:
Mr Neal said Mr Quinn had been charged on 15 May 2014 with a breach of the same Rule and on that occasion had been fined $175. He said that following that breach Mr Godwin had explained the use of the whip Rule in some detail to Mr Quinn to ensure he realized that what was acceptable use of the whip in Ireland was not permitted within the Rules in New Zealand. He said the fact that Mr Quinn had said he had forgotten the “6 on/6 off” guideline in races up to the 200m point was not an acceptable excuse. Mr Neal also said the Stewards believed a factor to be considered by the Committee was the perception of unfairness because as a consequence of Mr Quinn’s excessive use he has benefited and gone on to win the race. He said that penalties for breaches of the Rule by Class D riders were generally lower than for jockeys who regularly rode on the flat. He submitted that the JCA Guidelines state the starting point for a second breach of this Rule within a 12 month period is a $500 fine and he submitted that a fine significantly in excess of the fine imposed at Woodville in mid May 2014 was an appropriate penalty in this case.
Mr Quinn said he didn't think the fine should be a large one as he had limited riding opportunities and, as a Class D rider, did not get the help apprentices got to improve their riding techniques and become familiar with the rules of racing. To a question from the Committee he confirmed Mr Goodwin had explained the use of the whip Rule to him after his breach of the Rule at Woodville. He further said that since then he had ridden in about 4 more races.
Mr Myers said he thought there were only 15 highweight rides in a season and asked for that to be considered by the Committee when coming to our decision.
Reasons for Penalty:
The Committee has reviewed the films of the race from prior to the 400m mark to the 200m mark, taking into account the submissions of all parties.
The Committee has given consideration to Mr Quinn’s admittance of the breach of the Rule and the fact that he has limited riding opportunities during the restricted season for Class D Riders (Mr Quinn has had 34 rides so far this season).
There are, however, several aggravating factors that we have also taken into account. Firstly, Mr Quinn struck his horse 11 times with the whip from 400m mark to the 200m mark with little respite and this is not disputed by either Mr Quinn or Mr Myers. Secondly, this is Mr Quinn’s second breach of this Rule inside 2 months and today, as at Woodville in mid May, he has gone on to win the race. The margin between first and second today was a nose. The Committee believes it is not unreasonable to say that Mr Quinn has won the race unfairly as all other riders in the race used their whips in accordance with the whip guidelines. Further, Mr Quinn has confirmed that, following him having breached the Rule in mid-May 2014, he was given a clear explanation of the whip Rule by Mr Goodwin. Admitting he had forgotten what he was told cannot, however, be used as an excuse to justify his actions today.
The Committee notes that the starting point for a second breach of the Rule within a 12 month period is a fine of $500. We have reviewed penalties for recent breaches of the Rule but believe any penalty given must act as a deterrent to others and send a clear message that breaches of this Rule will result in a significant penalty.
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: 620a03280a1d021830effc2213865649
informantnumber: A3306
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: Wanganui JC 3 July 2014 - R 1
charge:
facts:
Following the running of race 1 the “Livesport 828AM Maiden Highweight” Information A3306 was filed by Co-Chief Stipendiary Steward Mr R Neal under rule 638(3)(b). The information stated “in that Niall Quinn (Le Mans) used his whip excessively prior to the 200 metres”. Mr Quinn signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.
Rule 638 (3)(b) states “A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper”.
Mr Neal confirmed the Information related to the “excessive” component of the Rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal asked Mr Goodwin to show the available films of the incident from the just before the 400m mark. He identified Mr Quinn as the runner closest to the inside rail and positioned towards the rear of the leading bunch of 7 horses. Mr Goodwin said from the 400m to the 200m Mr Quinn struck his horse 11 times without the required respite.
Mr Quinn said he was an inexperienced rider and had spoken to Jockey J Parkes before the race about “Le Mans” as Mr Parkes was a senior rider and had ridden the horse in its previous 2 starts. He said Mr Parkes had told him to not let the horse switch off. Mr Quinn said he felt the horse had responded to every strike he gave the horse but that he had also forgotten about the use of the whip Rule.
Mr Myers said the track was very heavy and the 1600m race had taken 1min 52 seconds. He said because Mr Parkes had told Mr Quinn not to let the horse switch off Mr Quinn struck the horse once at around the 600m to keep its mind on the job but agreed Mr Quinn had hit the horse more times than he should prior to the 200m. He also said Mr Quinn was hitting the horse “Irish style” – every second or third stride – and had done a good job for the owners of the horse as he had gone on to win the race.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Neal said Mr Quinn had been charged on 15 May 2014 with a breach of the same Rule and on that occasion had been fined $175. He said that following that breach Mr Godwin had explained the use of the whip Rule in some detail to Mr Quinn to ensure he realized that what was acceptable use of the whip in Ireland was not permitted within the Rules in New Zealand. He said the fact that Mr Quinn had said he had forgotten the “6 on/6 off” guideline in races up to the 200m point was not an acceptable excuse. Mr Neal also said the Stewards believed a factor to be considered by the Committee was the perception of unfairness because as a consequence of Mr Quinn’s excessive use he has benefited and gone on to win the race. He said that penalties for breaches of the Rule by Class D riders were generally lower than for jockeys who regularly rode on the flat. He submitted that the JCA Guidelines state the starting point for a second breach of this Rule within a 12 month period is a $500 fine and he submitted that a fine significantly in excess of the fine imposed at Woodville in mid May 2014 was an appropriate penalty in this case.
Mr Quinn said he didn't think the fine should be a large one as he had limited riding opportunities and, as a Class D rider, did not get the help apprentices got to improve their riding techniques and become familiar with the rules of racing. To a question from the Committee he confirmed Mr Goodwin had explained the use of the whip Rule to him after his breach of the Rule at Woodville. He further said that since then he had ridden in about 4 more races.
Mr Myers said he thought there were only 15 highweight rides in a season and asked for that to be considered by the Committee when coming to our decision.
reasonsforpenalty:
The Committee has reviewed the films of the race from prior to the 400m mark to the 200m mark, taking into account the submissions of all parties.
The Committee has given consideration to Mr Quinn’s admittance of the breach of the Rule and the fact that he has limited riding opportunities during the restricted season for Class D Riders (Mr Quinn has had 34 rides so far this season).
There are, however, several aggravating factors that we have also taken into account. Firstly, Mr Quinn struck his horse 11 times with the whip from 400m mark to the 200m mark with little respite and this is not disputed by either Mr Quinn or Mr Myers. Secondly, this is Mr Quinn’s second breach of this Rule inside 2 months and today, as at Woodville in mid May, he has gone on to win the race. The margin between first and second today was a nose. The Committee believes it is not unreasonable to say that Mr Quinn has won the race unfairly as all other riders in the race used their whips in accordance with the whip guidelines. Further, Mr Quinn has confirmed that, following him having breached the Rule in mid-May 2014, he was given a clear explanation of the whip Rule by Mr Goodwin. Admitting he had forgotten what he was told cannot, however, be used as an excuse to justify his actions today.
The Committee notes that the starting point for a second breach of the Rule within a 12 month period is a fine of $500. We have reviewed penalties for recent breaches of the Rule but believe any penalty given must act as a deterrent to others and send a clear message that breaches of this Rule will result in a significant penalty.
penalty:
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr N Quinn - Licensed Jockey (Class D)
Otherperson: Mr N Goodwin - Stipendiary Steward, Mr K Myers - Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: fd3f0d93284a55e8a86ad2fa56d65fb3
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race_emailed1: 0
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race_title: R1
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meetdate: 03/07/2014
meet_title: Wanganui JC - 3 July 2014
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