Archive Decision

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Wellington RC 20 January 2018 – R 9 – Chair, Mr N McCutcheon

ID: JCA14202

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms D Johnson – Rider of ALINKO PRINCE

Other Person:
Mr N Goodwin – Stipendiary Steward

Information Number:
A8813

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 20 January 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
NMoffatt

Race Date:
2018/01/20

Race Number:
R 9

Decision:

As Ms Johnson admitted the breach of excessive use of the whip it was found to be proved by the Committee.

Penalty:

Ms Johnson was fined $600.

Facts:

Following the running of Race 9 (Wallaceville Estate Castletown Wellington Cup Group III) ,Information No. A8813 was filed with the Judicial Committee. The Informant alleged that Ms Johnson used her whip excessively on her mount ALINKO PRINCE prior to the 100m.

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” provides:
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.

Ms Johnson acknowledged that she understood the Rule, the Guidelines and confirmed to the Committee that she admitted the breach.

Mr Goodwin showed all relevant film replays and said that Ms Johnson had hit her horse ALINKO PRINCE 10 times without respite prior to the 100m.

Ms Johnson replied that the films don’t lie, that she had hit her horse 10 times and that she was a little bit excited. She also added that she was not a rider who usually used the stick much.

Submissions for Penalty:

Mr Oatham said that he placed the breach in mid-range. He said that Ms Johnson had a clear record. He added that the aggravating factors were that it was a Group III Race with a total stake of $250,000 and that Ms Johnson had finished in 3rd placing. He submitted that an uplift from the JCA Penalty Guide for a first offence of $300 be appropriate.

Ms Johnson did not have any comment to make regarding penalty.

Reasons for Penalty:

The Committee had regard for Ms Johnson’s excellent record, the mid-range use of the whip, that it was a Group III Race with a substantial stake on offer and that Ms Johnson’s mount ALINKO PRINCE finished third in the race. Taking into account all of those factors and the JCA Penalty Guide starting point for a first breach of $300, the Committee determined that a fine of $600 would be appropriate.

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: a6d4116cc7b5fa3d0be28ac5ec93260b


informantnumber: A8813


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 22/01/2018


hearing_title: Wellington RC 20 January 2018 - R 9 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 9 (Wallaceville Estate Castletown Wellington Cup Group III) ,Information No. A8813 was filed with the Judicial Committee. The Informant alleged that Ms Johnson used her whip excessively on her mount ALINKO PRINCE prior to the 100m.

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” provides:
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.

Ms Johnson acknowledged that she understood the Rule, the Guidelines and confirmed to the Committee that she admitted the breach.

Mr Goodwin showed all relevant film replays and said that Ms Johnson had hit her horse ALINKO PRINCE 10 times without respite prior to the 100m.

Ms Johnson replied that the films don’t lie, that she had hit her horse 10 times and that she was a little bit excited. She also added that she was not a rider who usually used the stick much.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Johnson admitted the breach of excessive use of the whip it was found to be proved by the Committee.


sumissionsforpenalty:

Mr Oatham said that he placed the breach in mid-range. He said that Ms Johnson had a clear record. He added that the aggravating factors were that it was a Group III Race with a total stake of $250,000 and that Ms Johnson had finished in 3rd placing. He submitted that an uplift from the JCA Penalty Guide for a first offence of $300 be appropriate.

Ms Johnson did not have any comment to make regarding penalty.


reasonsforpenalty:

The Committee had regard for Ms Johnson’s excellent record, the mid-range use of the whip, that it was a Group III Race with a substantial stake on offer and that Ms Johnson’s mount ALINKO PRINCE finished third in the race. Taking into account all of those factors and the JCA Penalty Guide starting point for a first breach of $300, the Committee determined that a fine of $600 would be appropriate.


penalty:

Ms Johnson was fined $600.


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms D Johnson – Rider of ALINKO PRINCE


Otherperson: Mr N Goodwin – Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6afcd9fe43f163f8eb63501748d08cd8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5b8c36ffa4a0a12872db6faa63252efe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/01/2018


meet_title: Wellington RC - 20 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: NMoffatt


meet_pm2: none


name: Wellington RC