Wellington RC 23 APril 2016 – R 8 – Chair, Mrs N Moffatt
ID: JCA16603
Code:
Thoroughbred
Meet Title:
Wellington RC - 23 April 2016
Meet Chair:
NMoffatt
Meet Committee Member 1:
PWilliams
Race Date:
2016/04/23
Race Number:
R 8
Decision:
As Mr Turner admitted the breach the charge was found proved.
Penalty:
Mr Turner is fined $300.
Facts:
Following the running of race 8, the “Blue Star Handicap”, Information A7658 was filed by Stipendiary Steward, Mr Whiterod under Rule 638(3)(b)(ii). The information stated “that Dylan Turner (Francome) used his whip excessively prior to the 200 metre mark”. Mr Turner 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)(ii) states “A rider shall not strike a horse with a whip in a manner or to an extent which is excessive”.
Mr Goodwin showed the head-on and side-on views of the race from just prior to the 400m mark. He identified Mr Turner on “Francome” against the rail and leading the race. Mr Goodwin said from the 400m mark to the 200m mark Mr Turner struck his horse 5 times, paused for 2 strides, struck his horse another 3 times, paused for a further stride and then struck his horse a further 3 times – a total of 11 strikes.
Mr Turner did not disagree with Mr Goodwin’s interpretation of the films and had no additional comments to make.
Submissions for Penalty:
Mr Whiterod said Mr Turner had not breached the Rule in the previous 12 months during which time he had had in excess of 500 rides. He said today’s breach was a simple error of judgment. Mr Whiterod was asked by the Committee what his penalty submission was given the JCA’s Guidelines for a breach of this Rule is a $500 fine or 2 day suspension but he did not specify what he thought the penalty should be.
Mr Turner said that he would prefer a fine to a suspension.
Reasons for Penalty:
The Committee has reviewed the films of the race from just prior to the 400m mark and taken into account the submissions made. The Committee notes Mr Turner struck his horse 11 times from the 400m mark to the 200m mark but recognizes there were two discernible pauses during the strikes. The Committee therefore believes the severity of the breach is in the low range.
The Committee notes that the starting point for a breach of the Rule is a fine of $500 or a 2 day suspension. The Committee believes on this occasion a fine is an appropriate penalty and that Mr Turner’s excellent record in relation to this Rule and his admission of the breach justify a $200 reduction from the starting point above.
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: cb650dcb86f1ccb80c558828fdfcdcec
informantnumber: A7658
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/04/2016
hearing_title: Wellington RC 23 APril 2016 - R 8 - Chair, Mrs N Moffatt
charge:
facts:
Following the running of race 8, the “Blue Star Handicap”, Information A7658 was filed by Stipendiary Steward, Mr Whiterod under Rule 638(3)(b)(ii). The information stated “that Dylan Turner (Francome) used his whip excessively prior to the 200 metre mark”. Mr Turner 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)(ii) states “A rider shall not strike a horse with a whip in a manner or to an extent which is excessive”.
Mr Goodwin showed the head-on and side-on views of the race from just prior to the 400m mark. He identified Mr Turner on “Francome” against the rail and leading the race. Mr Goodwin said from the 400m mark to the 200m mark Mr Turner struck his horse 5 times, paused for 2 strides, struck his horse another 3 times, paused for a further stride and then struck his horse a further 3 times – a total of 11 strikes.
Mr Turner did not disagree with Mr Goodwin’s interpretation of the films and had no additional comments to make.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Turner admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Whiterod said Mr Turner had not breached the Rule in the previous 12 months during which time he had had in excess of 500 rides. He said today’s breach was a simple error of judgment. Mr Whiterod was asked by the Committee what his penalty submission was given the JCA’s Guidelines for a breach of this Rule is a $500 fine or 2 day suspension but he did not specify what he thought the penalty should be.
Mr Turner said that he would prefer a fine to a suspension.
reasonsforpenalty:
The Committee has reviewed the films of the race from just prior to the 400m mark and taken into account the submissions made. The Committee notes Mr Turner struck his horse 11 times from the 400m mark to the 200m mark but recognizes there were two discernible pauses during the strikes. The Committee therefore believes the severity of the breach is in the low range.
The Committee notes that the starting point for a breach of the Rule is a fine of $500 or a 2 day suspension. The Committee believes on this occasion a fine is an appropriate penalty and that Mr Turner’s excellent record in relation to this Rule and his admission of the breach justify a $200 reduction from the starting point above.
penalty:
Mr Turner is fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr G Whiterod - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e0a2de9c15c3f3248271a03456afa162
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ca9e1a1bcff842889f8fe61099b644e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/04/2016
meet_title: Wellington RC - 23 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wellington-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: PWilliams
meet_pm2: none
name: Wellington RC