Whangarei RC 14 September 2019 – R 5 – Chair, Mr A Dooley
ID: JCA16375
Code:
Thoroughbred
Meet Title:
Whangarei RC - 14 September 2019
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2019/09/14
Race Number:
R5
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Ms Fawcett's suspension pursuant to Rule 1106(2).
Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 21 September and conclude after racing on 2 October 2019.
The race meeting on the 29th of September was not included in the penalty because it is scheduled for Jump / Highweight and Amateur riders only.
Facts:
Following the running of race 5, Northern Districts Security Ruakaka Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Fawcett the rider of KAHARAU used the whip excessively prior to the 100 metres.
Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Cooksley assisted Ms Fawcett at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Oatham demonstrated the incident using the available video footage. He identified Ms Fawcett and showed that she struck her mount 11 times prior to the 100 metres. He said the strikes were not continuous and there was no force applied.
Ms Fawcett accepted that she struck her mount 11 times prior to the 100 metres.
Mr Cooksley had nothing to add.
Submissions for Penalty:
Mr Oatham said that Ms Fawcett breached this Rule on 2 occasions in the last 12 months. He said the JCA Penalty Guide starting point for a 3rd breach was a 6 to 8 day suspension. He described the breach as a low end.
Ms Fawcett asked the Committee to consider imposing a fine rather than a suspension because she was riding with success and it would be disappointing if she was suspended.
In response to a question from the Committee, Ms Fawcett said that she had engagements at Christchurch on 21 September and any proposed suspension could start after that date.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA starting point for a 3rd breach of excessive use of the whip within 12 months is a 6 to 8 day suspension. The starting point includes admission of the breach.
When reviewing the video footage it was clear that Ms Fawcett gave her mount some respite with the whip but not for the minimum 5 strides. The 11 strikes were not forceful.
Ms Fawcett was unable to provide any exceptional circumstances or compelling reasons for the Committee to deviate away from the JCA Penalty Guide.
The Committee was satisfied that a 6 day suspension was an appropriate penalty.
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: ab1e64fe85059eb116d2d19174595c4a
informantnumber: A11278
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/09/2019
hearing_title: Whangarei RC 14 September 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Northern Districts Security Ruakaka Cup, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Fawcett the rider of KAHARAU used the whip excessively prior to the 100 metres.
Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Cooksley assisted Ms Fawcett at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Oatham demonstrated the incident using the available video footage. He identified Ms Fawcett and showed that she struck her mount 11 times prior to the 100 metres. He said the strikes were not continuous and there was no force applied.
Ms Fawcett accepted that she struck her mount 11 times prior to the 100 metres.
Mr Cooksley had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Ms Fawcett breached this Rule on 2 occasions in the last 12 months. He said the JCA Penalty Guide starting point for a 3rd breach was a 6 to 8 day suspension. He described the breach as a low end.
Ms Fawcett asked the Committee to consider imposing a fine rather than a suspension because she was riding with success and it would be disappointing if she was suspended.
In response to a question from the Committee, Ms Fawcett said that she had engagements at Christchurch on 21 September and any proposed suspension could start after that date.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA starting point for a 3rd breach of excessive use of the whip within 12 months is a 6 to 8 day suspension. The starting point includes admission of the breach.
When reviewing the video footage it was clear that Ms Fawcett gave her mount some respite with the whip but not for the minimum 5 strides. The 11 strikes were not forceful.
Ms Fawcett was unable to provide any exceptional circumstances or compelling reasons for the Committee to deviate away from the JCA Penalty Guide.
The Committee was satisfied that a 6 day suspension was an appropriate penalty.
penalty:
The Committee granted a deferment to Ms Fawcett's suspension pursuant to Rule 1106(2).
Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 21 September and conclude after racing on 2 October 2019.
The race meeting on the 29th of September was not included in the penalty because it is scheduled for Jump / Highweight and Amateur riders only.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms J Fawcett - Apprentice Rider
Otherperson: Mr G Cooksley - Trainer / Jockey assisting Ms Fawcett
PersonPresent:
Respondent:
StipendSteward:
raceid: a41a4452a184027c9e90ee4396530e2e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8636125b391bd2ff346e94a5f0302d9b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/09/2019
meet_title: Whangarei RC - 14 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Whangarei RC