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Whangarei RC 13 June 2015 – R 7

ID: JCA15019

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Ms Z Moki - Apprentice Jockey

Other Person:
Mr N G Harris - supporting Ms Moki, Mr J Oatham - Senior Stipendiary Steward

Information Number:
A3591

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 13 June 2015

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2015/06/13

Race Number:
R7

Decision:

The breach has been admitted and therefore the charge is upheld.

Penalty:

This Committee imposes a fine of $300.00 on Ms Moki and in doing so we have told her that the JCA Guidelines provide that if she breaches this rule again in the next 6 months then the starting point penalty will be a suspension of her Licence for 3 to 5 days.

Facts:

Following the running of the FELL ENGINEERING 2100 an Information was lodged by Stipendiary Steward Mr M Williamson against Apprentice Jockey Ms Z Moki alleging that Ms Moki used her whip excessively on her mount COACHLINE.

Ms Moki was present at the Hearing and advised the Committee that she admitted the breach. Ms Moki was supported by Mr NG Harris as Apprentice Jockey's Mentor.

Rule 638(3)(b)(ii) provides : A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

The Rule was read to Ms Moki and she acknowledged that she understood it.

Senior Stipendiary Steward Mr J Oatham demonstrated the incident by use of the race films and showed where Ms Moki riding COACHLINE struck her horse with the whip 12 to 13 times prior to the 200 metres mark. He said that there was no respite with the strikes but he did say that the strikes were not overly vigorous.

Ms Moki agreed with Mr Oatham's evidence and said it was clearly shown on the films.

Mr Williamson submitted that the number of strikes prior to the 200 metres mark is excessive.

Submissions for Penalty:

Mr Williamson said that the strikes were not vigorous and that the incident fell into the low range of seriousness. He did say that the number of strikes was excessive. He did however say that this was Ms Moki's first offence under this rule and she should be given credit for that.

He acknowledged that the JCA Guidelines provide for a starting point penalty of a fine of $500.00 but he said that due to the mitigating factors the Stewards believed that a fine of $300.00 was appropriate. He also said that recently there had been 2 occasions where a fine of $300.00 had been imposed for a first offence under this rule.

Ms Moki asked for a reduced fine because of the mitigating factors referred to in evidence including the fact that this was her 1st offence under this rule.

Mr Harris said he had been trying to get the young Jockeys to slow down their whip use and to ride more hands and heels. He will continue to assist Ms Moki. He also said that Ms Moki had not been riding for a couple of weeks and she was not as fit as she would normally be and this contributed to her using the whip more than she should.

Reasons for Penalty:

The film evidence is very clear and Ms Moki has quite correctly admitted the breach. The strikes with the whip are excessive bearing in mind the number of 12 to 13 strikes which is double the number allowed prior to the 200 metres mark.

We do agree that the strikes are not particularly vigorous and this is a mitigating factor as is the fact that this is Ms Moki's first breach of this rule and she has admitted the breach. We agree that this is in the low range of seriousness and we have taken this into account.

The JCA Guidelines provide for a starting point penalty of a $500.00 fine but taking into account the above mitigating factors we believe that a reduction of the fine to $300.00 is 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: 9b5a266553cdddb0a881fabe2e59cc8b


informantnumber: A3591


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 14/06/2015


hearing_title: Whangarei RC 13 June 2015 - R 7


charge:


facts:

Following the running of the FELL ENGINEERING 2100 an Information was lodged by Stipendiary Steward Mr M Williamson against Apprentice Jockey Ms Z Moki alleging that Ms Moki used her whip excessively on her mount COACHLINE.

Ms Moki was present at the Hearing and advised the Committee that she admitted the breach. Ms Moki was supported by Mr NG Harris as Apprentice Jockey's Mentor.

Rule 638(3)(b)(ii) provides : A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

The Rule was read to Ms Moki and she acknowledged that she understood it.

Senior Stipendiary Steward Mr J Oatham demonstrated the incident by use of the race films and showed where Ms Moki riding COACHLINE struck her horse with the whip 12 to 13 times prior to the 200 metres mark. He said that there was no respite with the strikes but he did say that the strikes were not overly vigorous.

Ms Moki agreed with Mr Oatham's evidence and said it was clearly shown on the films.

Mr Williamson submitted that the number of strikes prior to the 200 metres mark is excessive.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach has been admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Williamson said that the strikes were not vigorous and that the incident fell into the low range of seriousness. He did say that the number of strikes was excessive. He did however say that this was Ms Moki's first offence under this rule and she should be given credit for that.

He acknowledged that the JCA Guidelines provide for a starting point penalty of a fine of $500.00 but he said that due to the mitigating factors the Stewards believed that a fine of $300.00 was appropriate. He also said that recently there had been 2 occasions where a fine of $300.00 had been imposed for a first offence under this rule.

Ms Moki asked for a reduced fine because of the mitigating factors referred to in evidence including the fact that this was her 1st offence under this rule.

Mr Harris said he had been trying to get the young Jockeys to slow down their whip use and to ride more hands and heels. He will continue to assist Ms Moki. He also said that Ms Moki had not been riding for a couple of weeks and she was not as fit as she would normally be and this contributed to her using the whip more than she should.


reasonsforpenalty:

The film evidence is very clear and Ms Moki has quite correctly admitted the breach. The strikes with the whip are excessive bearing in mind the number of 12 to 13 strikes which is double the number allowed prior to the 200 metres mark.

We do agree that the strikes are not particularly vigorous and this is a mitigating factor as is the fact that this is Ms Moki's first breach of this rule and she has admitted the breach. We agree that this is in the low range of seriousness and we have taken this into account.

The JCA Guidelines provide for a starting point penalty of a $500.00 fine but taking into account the above mitigating factors we believe that a reduction of the fine to $300.00 is appropriate.


penalty:

This Committee imposes a fine of $300.00 on Ms Moki and in doing so we have told her that the JCA Guidelines provide that if she breaches this rule again in the next 6 months then the starting point penalty will be a suspension of her Licence for 3 to 5 days.


hearing_type: Hearing


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


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Ms Z Moki - Apprentice Jockey


Otherperson: Mr N G Harris - supporting Ms Moki, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c1cc0e14722e3e46d7d590109d5fb1fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: aee788247395e9236e937443075276ef


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/06/2015


meet_title: Whangarei RC - 13 June 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC