Westland RC 15 January 2019 – R 8 – Chair, Mr S Ching
ID: JCA11396
Code:
Thoroughbred
Meet Title:
Westland RC - 15 January 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/01/15
Race Number:
R8
Decision:
Mr Mudhoo having admitted the breach the charge was found proved.
Penalty:
Mr Mudhoo’s Class B Licence is suspended from the conclusion of racing 19 January up to and including 25 January 2019.
Facts:
Following the running of Race 8, the Rendel Foster Memorial Miss Scenicland Stakes 1645m, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of MADAM MAFKI, in the race, used his whip excessively prior to the 100 metres.
Mr Mudhoo was present at the hearing of the information. Mr Mudhoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Mudhoo was assisted at the hearing by Mr D Walsh, NZTR Apprentice mentor.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 Davidson with the assistance of Stipendiary Steward, Mr A Coles, showed video replays of the final 250 metres of the race. He pointed out Mr Mudhoo riding MADAM MAKFI, in the lead position. Inside the 250m, he said, Mr Mudhoo drew the whip and struck MADAM MAKFI 9 times prior to the 100m with only brief pauses not the required respite of 5 strides as per the Whip Guidelines.
Mr Mudhoo did not dispute the number of strikes and stated it was clear on the films. Mr Walsh said that it was obvious that he did not put his hand back on the reins and give the horse the required respite.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Mudhoo’s record showed 2 previous breaches of this rule in the preceding 12 months being a $400 fine at Riccarton on 13 February 2018 and a $500 fine at Amberley on 23 June 2018. He said the JCA Penalty Guide provides a 6 to 8 National Day starting point for a third or subsequent breach of this rule. The breach, he said, was at a low level and submitted that a suspension in the vicinity of 6 days be considered as penalty.
Mr Walsh asked that a suspension of less than 6 days be considered due to the low level of the breach and the fact that it was 7 months since Mr Mudhoo’s last breach, which he submitted, was a reasonably good record.
Mr Mudhoo made no submissions on penalty but requested a deferment until after racing at Gore on 19 January where he had commitments.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National Day suspension for a 3rd or subsequent breach of this rule. We agreed with the Stewards that this breach was low range. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. Taking into consideration all factors including the low level of the breach, Mr Mudhoo’s status as an Apprentice rider, as well as the fact that it had been 7 months since his previous breach, we determined that a 5 National Day suspension was an appropriate penalty. Mr Mudhoo’s request for a deferment is granted until after racing at Gore on 19 January.
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: 1a1bab3fe97e9b99aa210ac570bb21e7
informantnumber: A9064
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/01/2019
hearing_title: Westland RC 15 January 2019 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Rendel Foster Memorial Miss Scenicland Stakes 1645m, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of MADAM MAFKI, in the race, used his whip excessively prior to the 100 metres.
Mr Mudhoo was present at the hearing of the information. Mr Mudhoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Mudhoo was assisted at the hearing by Mr D Walsh, NZTR Apprentice mentor.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 Davidson with the assistance of Stipendiary Steward, Mr A Coles, showed video replays of the final 250 metres of the race. He pointed out Mr Mudhoo riding MADAM MAKFI, in the lead position. Inside the 250m, he said, Mr Mudhoo drew the whip and struck MADAM MAKFI 9 times prior to the 100m with only brief pauses not the required respite of 5 strides as per the Whip Guidelines.
Mr Mudhoo did not dispute the number of strikes and stated it was clear on the films. Mr Walsh said that it was obvious that he did not put his hand back on the reins and give the horse the required respite.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mudhoo having admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Mudhoo’s record showed 2 previous breaches of this rule in the preceding 12 months being a $400 fine at Riccarton on 13 February 2018 and a $500 fine at Amberley on 23 June 2018. He said the JCA Penalty Guide provides a 6 to 8 National Day starting point for a third or subsequent breach of this rule. The breach, he said, was at a low level and submitted that a suspension in the vicinity of 6 days be considered as penalty.
Mr Walsh asked that a suspension of less than 6 days be considered due to the low level of the breach and the fact that it was 7 months since Mr Mudhoo’s last breach, which he submitted, was a reasonably good record.
Mr Mudhoo made no submissions on penalty but requested a deferment until after racing at Gore on 19 January where he had commitments.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National Day suspension for a 3rd or subsequent breach of this rule. We agreed with the Stewards that this breach was low range. There were no aggravating factors to consider so therefore no uplift in penalty was warranted. Taking into consideration all factors including the low level of the breach, Mr Mudhoo’s status as an Apprentice rider, as well as the fact that it had been 7 months since his previous breach, we determined that a 5 National Day suspension was an appropriate penalty. Mr Mudhoo’s request for a deferment is granted until after racing at Gore on 19 January.
penalty:
Mr Mudhoo’s Class B Licence is suspended from the conclusion of racing 19 January up to and including 25 January 2019.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: M Davidson, Stipendiary Steward
JockeysandTrainer: K Mudhoo, Licensed Jockey (Class B)
Otherperson: D Walsh NZTR Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a86f42c2bb8252844bbc64de87cab4a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 434ffb005898b9ca61e4121517ae23e7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2019
meet_title: Westland RC - 15 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Westland RC