Wanganui JC 5 July 2018 – R 1 – Chair, Mrs N Moffatt
ID: JCA11215
Code:
Thoroughbred
Meet Title:
Wanganui JC - 5 July 2018
Meet Chair:
NMoffatt
Meet Committee Member 1:
TBird
Race Date:
2018/07/05
Race Number:
R1
Decision:
As Mr Gordon admitted the breach the charge was found to be proved.
Penalty:
Accordingly Mr Gordon is fined the sum of $300.
Facts:
Following Race 1 (Palamountains Nutrition Maiden HWT) Mr Balcombe lodged an information with the Judicial Committee alleging that Will Gordon used his whip excessively on DONARDO prior to the 100 metres.
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 Balcombe used the head-on video to show Mr Gordon’s use of the whip from the top of the home straight up to the 100 metres. Mr Gordon was in front and to the outside of the track when he commenced to use the whip. He proceeded to hit his mount a total of 9-10 times, with only two strides respite between each strike of the whip. Mr Gordon admitted to being outside of the guidelines and accepted the charge against him however he explained to the Committee that he had inadvertently reverted back to his English style of riding. He explained that in the UK riders are allowed to use the whip a maximum of 9 times over the duration of the race.
Submissions for Penalty:
Mr Balcombe said this was Mr Gordon’s first excessive use of the whip charge and submitted a fine in line with the Penalty Guide was appropriate.
Mr Gordon said he had had approximately 160 race rides in New Zealand and this was his first charge of any kind.
He also identified an anomaly in the whip guidelines whereby a rider could potentially hit a horse 15 times (5 on/5 off) prior to the 100m mark and still remain within the guidelines. Mr Gordon used this example only to highlight the fact that he believed his breach today was low end.
Reasons for Penalty:
The Penalty Guide for Judicial Commmittees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
Mr Gordon struck his mount a total of 9 times without the necessary 5 stride respite. He had clearly reverted back to the style he was familiar with which was to use the whip, push for 2 strides before using the whip again. Taking into account the manner in which he used the whip the Committee was satisfied that this breach sat at the low end of excessive whip use. Being Mr Gordon’s first charge under this rule we adopted a $300 fine starting point as outlined in the Penalty Guide for Judicial Committees. There were no aggravating factors that might require an uplift from the starting point.
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: 119b2404b75fe3aab330da4371fdb411
informantnumber: A9228
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/07/2018
hearing_title: Wanganui JC 5 July 2018 - R 1 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 1 (Palamountains Nutrition Maiden HWT) Mr Balcombe lodged an information with the Judicial Committee alleging that Will Gordon used his whip excessively on DONARDO prior to the 100 metres.
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 Balcombe used the head-on video to show Mr Gordon’s use of the whip from the top of the home straight up to the 100 metres. Mr Gordon was in front and to the outside of the track when he commenced to use the whip. He proceeded to hit his mount a total of 9-10 times, with only two strides respite between each strike of the whip. Mr Gordon admitted to being outside of the guidelines and accepted the charge against him however he explained to the Committee that he had inadvertently reverted back to his English style of riding. He explained that in the UK riders are allowed to use the whip a maximum of 9 times over the duration of the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Gordon admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Balcombe said this was Mr Gordon’s first excessive use of the whip charge and submitted a fine in line with the Penalty Guide was appropriate.
Mr Gordon said he had had approximately 160 race rides in New Zealand and this was his first charge of any kind.
He also identified an anomaly in the whip guidelines whereby a rider could potentially hit a horse 15 times (5 on/5 off) prior to the 100m mark and still remain within the guidelines. Mr Gordon used this example only to highlight the fact that he believed his breach today was low end.
reasonsforpenalty:
The Penalty Guide for Judicial Commmittees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
Mr Gordon struck his mount a total of 9 times without the necessary 5 stride respite. He had clearly reverted back to the style he was familiar with which was to use the whip, push for 2 strides before using the whip again. Taking into account the manner in which he used the whip the Committee was satisfied that this breach sat at the low end of excessive whip use. Being Mr Gordon’s first charge under this rule we adopted a $300 fine starting point as outlined in the Penalty Guide for Judicial Committees. There were no aggravating factors that might require an uplift from the starting point.
penalty:
Accordingly Mr Gordon is fined the sum of $300.
hearing_type: Hearing
Rules: 628(3)(b)(ii)
Informant: Mr Darin Balcombe Stipendiary Steward
JockeysandTrainer: Mr W Gordon Licensed Class D Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a92d9aeec3e10990eed2ac32376e9cae
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: c1cd70889ab8311f3778c2aa807d8031
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/07/2018
meet_title: Wanganui JC - 5 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TBird
meet_pm2: none
name: Wanganui JC