Whangarei RC 16 August 2017 – R 3 – Chair, Mr A Dooley
ID: JCA14817
Code:
Thoroughbred
Meet Title:
Whangarei RC - 16 August 2017
Meet Chair:
ADooley
Race Date:
2017/08/16
Race Number:
R3
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Colgan was fined $300.
Facts:
Following the running of race 3, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Colgan used the whip excessively on his mount GRANADILLA prior to the 100 metres.
Mr Colgan acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Colgan also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.
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 Mr Colgan and showed that from the 350 metres until the 100 metres Mr Colgan struck his mount 12 times. He said the strikes were not continuous but outside the new Guidelines and added that GRANADILLA won the race.
Mr Colgan acknowledged that he struck his mount 12 times prior to the final 100 meters and accepted that the frequency of the strikes were outside the new Guidelines.
Submissions for Penalty:
Mr Williamson produced Mr Colgan’s record which showed no previous breach under this Rule in the last 12 months. He said that today’s breach would have been acceptable under the old Guidelines and Jockeys are going to take some time to adjust to the new “5 on 5 off strikes with the whip” He categorised the breach as low end and stated that Mr Colgan did give his mount some breaks with the whip. He submitted a low end fine would be appropriate.
Mr Colgan had no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised Mr Colgan that the JCA Board reviewed the Penalty Guideline in relation to the excessive use of whip breaches and agreed with the RIU that the appropriate starting point for a 1st breach was a $300 fine. It is important to note the Board’s expectation is that any mitigating matters unless exceptional are not to be addressed.
There were no aggravating factors.
The mitigating factors were Mr Colgan’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assessed the severity and total number of strikes (12) as being in the low range. In accordance with a memorandum from the JCA Board dated 31 July no reduction in penalty was applied.
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: 7f4135f84a34f679010329bded39f4c3
informantnumber: A9470
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/08/2017
hearing_title: Whangarei RC 16 August 2017 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Colgan used the whip excessively on his mount GRANADILLA prior to the 100 metres.
Mr Colgan acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Colgan also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.
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 Mr Colgan and showed that from the 350 metres until the 100 metres Mr Colgan struck his mount 12 times. He said the strikes were not continuous but outside the new Guidelines and added that GRANADILLA won the race.
Mr Colgan acknowledged that he struck his mount 12 times prior to the final 100 meters and accepted that the frequency of the strikes were outside the new Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Colgan’s record which showed no previous breach under this Rule in the last 12 months. He said that today’s breach would have been acceptable under the old Guidelines and Jockeys are going to take some time to adjust to the new “5 on 5 off strikes with the whip” He categorised the breach as low end and stated that Mr Colgan did give his mount some breaks with the whip. He submitted a low end fine would be appropriate.
Mr Colgan had no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised Mr Colgan that the JCA Board reviewed the Penalty Guideline in relation to the excessive use of whip breaches and agreed with the RIU that the appropriate starting point for a 1st breach was a $300 fine. It is important to note the Board’s expectation is that any mitigating matters unless exceptional are not to be addressed.
There were no aggravating factors.
The mitigating factors were Mr Colgan’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assessed the severity and total number of strikes (12) as being in the low range. In accordance with a memorandum from the JCA Board dated 31 July no reduction in penalty was applied.
penalty:
Accordingly, Mr Colgan was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Licensed Jockey
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6fd8ac3d8f53df32f47dcbed22821caf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3f888c8f704f9870b04b558c5acff9f2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/08/2017
meet_title: Whangarei RC - 16 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Whangarei RC