Whangarei RC 17 June 2017 – R 7 – Chair, Mr A Dooley
ID: JCA12034
Code:
Thoroughbred
Meet Title:
Whangarei RC - 17 June 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/06/17
Race Number:
R 7
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Danis was fined $350.
In conclusion the Committee advised Mr Danis with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 7, Marine & Engineering Supplies, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Danis used the whip excessively on the horse KINDALEICA prior to the 200 metres.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis 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 for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Coles using the available video footage identified that Mr Danis struck his mount 12 times from the 400 metres to the 200 metres. He quantified that Mr Danis stopped riding his mount for 3 strides but not for the required 6 strides.
Mr Danis stated that every time he used the whip his mount “crept forward” and responded to the whip.
Mr Harris said that Mr Danis should not have continued to use his whip because his mount was not responding. He said that he was surprised Mr Danis rode in this manner.
Submissions for Penalty:
Mr Williamson said that Mr Danis had a clear record under this Rule. He said the Stewards were worried that Mr Danis used the whip when his mount was clearly in last position. He said that Mr Danis was still learning as an apprentice rider and submitted that a fine should be imposed.
The Committee explained to Mr Danis that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
Mr Danis and Mr Harris made no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point was a $500 fine.
The aggravating factors were that Mr Danis continued to use the whip when his mount was visibly struggling at the rear of the field. It was evident that KINDALEICA was not making any progress and we observed that a few of the strikes were forceful.
The mitigating factors were Mr Danis’ admission of the breach and his clear record. The quantity of strikes was in the low to mid-range.
The Committee had regard for Mr Danis’s status as an apprentice rider and we note that KINDALEICA finished last of the 8 runners.
After taking into account all the above factors the Committee applied a $150 discount.
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: 30d062ff0e75d546593edb45015ae677
informantnumber: A9459
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of thw whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/06/2017
hearing_title: Whangarei RC 17 June 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Marine & Engineering Supplies, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Danis used the whip excessively on the horse KINDALEICA prior to the 200 metres.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis 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 for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Coles using the available video footage identified that Mr Danis struck his mount 12 times from the 400 metres to the 200 metres. He quantified that Mr Danis stopped riding his mount for 3 strides but not for the required 6 strides.
Mr Danis stated that every time he used the whip his mount “crept forward” and responded to the whip.
Mr Harris said that Mr Danis should not have continued to use his whip because his mount was not responding. He said that he was surprised Mr Danis rode in this manner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Danis admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Danis had a clear record under this Rule. He said the Stewards were worried that Mr Danis used the whip when his mount was clearly in last position. He said that Mr Danis was still learning as an apprentice rider and submitted that a fine should be imposed.
The Committee explained to Mr Danis that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
Mr Danis and Mr Harris made no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point was a $500 fine.
The aggravating factors were that Mr Danis continued to use the whip when his mount was visibly struggling at the rear of the field. It was evident that KINDALEICA was not making any progress and we observed that a few of the strikes were forceful.
The mitigating factors were Mr Danis’ admission of the breach and his clear record. The quantity of strikes was in the low to mid-range.
The Committee had regard for Mr Danis’s status as an apprentice rider and we note that KINDALEICA finished last of the 8 runners.
After taking into account all the above factors the Committee applied a $150 discount.
penalty:
Accordingly, Mr Danis was fined $350.
In conclusion the Committee advised Mr Danis with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr D Danis - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Danis, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: cad7ef5b956cd62c1b09206d3e035f03
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d94145a0797f78cef49edbe89d8695e8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/06/2017
meet_title: Whangarei RC - 17 June 2017
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