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Wellington RC 26 October 2013 – R6

ID: JCA14002

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr D Hain - Licensed Jockey

Other Person:
Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A4089

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 26 October 2013

Meet Chair:
NMoffatt

Meet Committee Member 1:
PWilliams

Race Date:
2013/10/26

Race Number:
R6

Decision:

As the charge was admitted the charge was found to be proved.

Penalty:

Mr Hain is fined the sum of $300.

Charge:

Following Race 6, the Group 3 Golden Homes Thompson Handicap, an information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that "D Hain used his whip excessively prior to the 200 meters when riding DANZA LAD".

Facts:

Mr Neal played video footage of the home straight showing Mr Hain strike his horse ten to eleven times in succession before stopping for one or two strides and then commence to use the whip again. The total number of strikes prior to the 200 metres was estimated to be fourteen. This is clearly outside of the guidelines pertaining to whip use. Mr Hain went on to win the race.

Mr Hain accepted the stewards’ summary of facts.

Submissions for Penalty:

Mr Tidmarsh cited Rule 920 (2) (c):
In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;

Mr Tidmarsh submitted the committee should take into account the fact that Mr Hain won the race. He said the stewards believed that had Mr Hain ridden within the whip guidelines he would not have won. Mr Hain’s record under this rule showed one prior charge at Auckland in May 2013 where he was fined the sum of $150. The Stewards’ submission was for a monetary penalty in the vicinity of $250 - $350.

Mr Hain explained that DANZA LAD was lugging in hard and he was using the whip to help keep the horse straight. It was only really when he put the stick away over the final 150 metres that the horse drew away from the field. He did not accept that using the whip excessively had given him an advantage. Mr Hain said he only rides infrequently with this being his 13-14th ride for the season. He does however have a part-time job and also rides track work for Mr Sanders.

Reasons for Penalty:

The guidelines for whip use in New Zealand are well recognised and understood by riders. Prior to the 200 meters they are only permitted to use the whip for six strides and then they must ride hands and heels for six strides. Mr Hain used the whip approximately 14 times with only brief respite prior to the 200 meters. We would consider this to be in the mid-range of severity. We were not convinced that Mr Hain won the race due to riding outside of the whip guidelines. On viewing the race through to the finish DANZA LAD appears to make up the most ground when Mr Hain is not using the whip. If it was clear that he had gained an advantage by breaching the rules we would be imposing a higher monetary penalty. Taking into account Mr Hain’s admission of the breach, his record, the severity of the breach and other recent penalties we impose a fine of $300.

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: 89c6592df4d1f20f8f3d620b60cd0379

informantnumber: A4089

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 27/10/2013

hearing_title: Wellington RC 26 October 2013 - R6

charge:

Following Race 6, the Group 3 Golden Homes Thompson Handicap, an information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that "D Hain used his whip excessively prior to the 200 meters when riding DANZA LAD".

facts:

Mr Neal played video footage of the home straight showing Mr Hain strike his horse ten to eleven times in succession before stopping for one or two strides and then commence to use the whip again. The total number of strikes prior to the 200 metres was estimated to be fourteen. This is clearly outside of the guidelines pertaining to whip use. Mr Hain went on to win the race.

Mr Hain accepted the stewards’ summary of facts.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As the charge was admitted the charge was found to be proved.

sumissionsforpenalty:

Mr Tidmarsh cited Rule 920 (2) (c):
In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;

Mr Tidmarsh submitted the committee should take into account the fact that Mr Hain won the race. He said the stewards believed that had Mr Hain ridden within the whip guidelines he would not have won. Mr Hain’s record under this rule showed one prior charge at Auckland in May 2013 where he was fined the sum of $150. The Stewards’ submission was for a monetary penalty in the vicinity of $250 - $350.

Mr Hain explained that DANZA LAD was lugging in hard and he was using the whip to help keep the horse straight. It was only really when he put the stick away over the final 150 metres that the horse drew away from the field. He did not accept that using the whip excessively had given him an advantage. Mr Hain said he only rides infrequently with this being his 13-14th ride for the season. He does however have a part-time job and also rides track work for Mr Sanders.

reasonsforpenalty:

The guidelines for whip use in New Zealand are well recognised and understood by riders. Prior to the 200 meters they are only permitted to use the whip for six strides and then they must ride hands and heels for six strides. Mr Hain used the whip approximately 14 times with only brief respite prior to the 200 meters. We would consider this to be in the mid-range of severity. We were not convinced that Mr Hain won the race due to riding outside of the whip guidelines. On viewing the race through to the finish DANZA LAD appears to make up the most ground when Mr Hain is not using the whip. If it was clear that he had gained an advantage by breaching the rules we would be imposing a higher monetary penalty. Taking into account Mr Hain’s admission of the breach, his record, the severity of the breach and other recent penalties we impose a fine of $300.

penalty:

Mr Hain is fined the sum of $300.

hearing_type: Hearing

Rules: 638(3)(b)

Informant: Mr L Tidmarsh - Stipendiary Steward

JockeysandTrainer: Mr D Hain - Licensed Jockey

Otherperson: Mr R Neal - Co-Chief Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 843da01f560c918975b16f83791909df

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R6

submittochair: submitted

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: fd8b383552e0987ce815bb82e10db8b7

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 26/10/2013

meet_title: Wellington RC - 26 October 2013

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