Whangarei RC 16 September 2017 – R 5 – Chair, Mr A Dooley
ID: JCA10859
Code:
Thoroughbred
Meet Title:
Whangarei RC - 16 September 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/09/16
Race Number:
R5
Decision:
As Mr Parkes admitted the breach, the Committee found the charge proved.
Penalty:
Mr Parkes was fined $300.
In conclusion the Committee advised Mr Parkes the starting points for a 2nd and 3rd breach of this Rule within the next 12 months.
Facts:
Following the running of race 5, New Zealand Bloodstock Finance, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Parkes used the whip excessively on his mount HIFLYER prior to the 100 metres.
Mr Parkes acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Parkes stated that he was aware of the new whip Guidelines.
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” effective 1 August 2017 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 Parkes and showed that he struck his mount 10 times from the 200 metres to the 100m. He said there was one pause for 3 strides.
Mr Parkes acknowledged that he struck his mount 10 times and said that he was trying hard to win the race as he was riding the favourite.
Submissions for Penalty:
Mr Williamson said that Mr Parkes had a clear record under this Rule in the last 12 months. He said the breach was low level and the current starting point penalty is a fine in the vicinity of $300.
Mr Parkes said that he had a clear record under this Rule.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised Mr Parkes that the JCA Penalty Guide starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 10 strikes were not forceful and there were was a 3 stride pause with the whip.
There were no aggravating factors.
The mitigating factors were Mr Parkes clear record under this Rule, the number of strikes was low and his admission of the breach.
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: 15966f6cf1f1da6f30f1d6a1c9aae7b9
informantnumber: A9472
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2017
hearing_title: Whangarei RC 16 September 2017 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, New Zealand Bloodstock Finance, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Parkes used the whip excessively on his mount HIFLYER prior to the 100 metres.
Mr Parkes acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Parkes stated that he was aware of the new whip Guidelines.
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” effective 1 August 2017 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 Parkes and showed that he struck his mount 10 times from the 200 metres to the 100m. He said there was one pause for 3 strides.
Mr Parkes acknowledged that he struck his mount 10 times and said that he was trying hard to win the race as he was riding the favourite.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Parkes admitted the breach, the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Parkes had a clear record under this Rule in the last 12 months. He said the breach was low level and the current starting point penalty is a fine in the vicinity of $300.
Mr Parkes said that he had a clear record under this Rule.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee advised Mr Parkes that the JCA Penalty Guide starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
When reviewing the incident it was clear that the 10 strikes were not forceful and there were was a 3 stride pause with the whip.
There were no aggravating factors.
The mitigating factors were Mr Parkes clear record under this Rule, the number of strikes was low and his admission of the breach.
penalty:
Mr Parkes was fined $300.
In conclusion the Committee advised Mr Parkes the starting points for a 2nd and 3rd breach of this Rule within the next 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Class A Licensed Jockey
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: afce956aaca5cd3604d2eab924e9bb1c
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: ccf9f4fa488daa9c1b39fa189f54ce0d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2017
meet_title: Whangarei RC - 16 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Whangarei RC