Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Wellington RC 8 April 2017 – R 2 – Chair, Mrs N Moffatt

ID: JCA13522

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr N Teeluck - Apprentice Rider

Other Person:
Mr G Searle - Trainer assisting Mr Teeluck, Mr D Balcombe - Stipendiary Steward

Information Number:
A9201

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 8 April 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2017/04/08

Race Number:
R 2

Decision:

As Mr Teeluck admitted the breach the charge was found to be proved.

Penalty:

Mr Teeluck is fined the sum of $300.

Facts:

Mr Davidson lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that rider N Teeluck used his whip excessively on his mount prior to the 200m.

Mr Teeluck acknowledged he understood the rule and confirmed his admission of the breach.

Mr Balcombe played the video of the race from the final straight through until past the 200m mark. Mr Teeluck hit his horse a total of 12-13 times with only a brief respite of 2-3 strides. Mr Teeluck and Mr Searle both agreed with this interpretation and calculation of whip use.

Submissions for Penalty:

Mr Davidson said Mr Teeluck had a clear record under this rule over the past 12 month period. He said the Judicial Guide recommended a $500 fine for first breaches but in light of Mr Teeluck’s record and his admission of the breach the Stewards would submit that a $300 fine was adequate.

Mr Teeluck told the Committee that his mount BEL SORRISO had been responding to the whip and he simply forgot to count the number of strides. Mr Searle said that the mare “had to be chased” and was slow in getting going. His instructions to Mr Teeluck had been to “keep at her”.

Reasons for Penalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension for a first charge of excessive use of the whip. We took into account Mr Teeluck’s admission of the breach and his excellent record. It was our opinion that today’s breach sat at the low end of the scale. While Mr Teeluck did not hit his horse in a continuous manner he rode outside of the guidelines by not providing the required six-stride respite. There were no aggravating factors. It was our opinion, after applying mitigating factors, that an appropriate penalty was a monetary penalty of $300. We reminded Mr Teeluck that regardless of trainers’ instructions riders were nevertheless duty bound to ride within the rules and whip guidelines.

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: 4108c8d2851ca5927752eb1aab4f3a4e


informantnumber: A9201


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 10/04/2017


hearing_title: Wellington RC 8 April 2017 - R 2 - Chair, Mrs N Moffatt


charge:


facts:

Mr Davidson lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that rider N Teeluck used his whip excessively on his mount prior to the 200m.

Mr Teeluck acknowledged he understood the rule and confirmed his admission of the breach.

Mr Balcombe played the video of the race from the final straight through until past the 200m mark. Mr Teeluck hit his horse a total of 12-13 times with only a brief respite of 2-3 strides. Mr Teeluck and Mr Searle both agreed with this interpretation and calculation of whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Teeluck admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Davidson said Mr Teeluck had a clear record under this rule over the past 12 month period. He said the Judicial Guide recommended a $500 fine for first breaches but in light of Mr Teeluck’s record and his admission of the breach the Stewards would submit that a $300 fine was adequate.

Mr Teeluck told the Committee that his mount BEL SORRISO had been responding to the whip and he simply forgot to count the number of strides. Mr Searle said that the mare “had to be chased” and was slow in getting going. His instructions to Mr Teeluck had been to “keep at her”.


reasonsforpenalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension for a first charge of excessive use of the whip. We took into account Mr Teeluck’s admission of the breach and his excellent record. It was our opinion that today’s breach sat at the low end of the scale. While Mr Teeluck did not hit his horse in a continuous manner he rode outside of the guidelines by not providing the required six-stride respite. There were no aggravating factors. It was our opinion, after applying mitigating factors, that an appropriate penalty was a monetary penalty of $300. We reminded Mr Teeluck that regardless of trainers’ instructions riders were nevertheless duty bound to ride within the rules and whip guidelines.


penalty:

Mr Teeluck is fined the sum of $300.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr N Teeluck - Apprentice Rider


Otherperson: Mr G Searle - Trainer assisting Mr Teeluck, Mr D Balcombe - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b58037c5447999c2972a4e8c00fe5e46


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1eef7ec49fe619381af6cc062cc16695


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/04/2017


meet_title: Wellington RC - 8 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Wellington RC