Archive Decision

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Whangarei RC 17 November 2017 – R 5 – Chair, Mr A Dooley

ID: JCA11533

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms A Collett - Class A Rider

Other Person:
Mr M Williamson -Stipendiary Steward

Information Number:
A8896

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 17 November 2017

Meet Chair:
ADooley

Race Date:
2017/11/17

Race Number:
R5

Decision:

As Ms Collett admitted the breach the Committee found the charge proved.

Penalty:

Ms Collett was fined $500.

In conclusion the Committee advised Ms Collett that a 3rd breach of this Rule in 12 months would result in a suspension.

Facts:

Following the running of race 5, Carrfields – Selwyn Rodgers Memorial, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Ms A Collett used the whip in an excessive manner when riding WARSET.

Ms Collett acknowledged that she understood the Rule and confirmed her admission of the breach

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 Williamson demonstrated the incident using the available video footage. He identified Ms Collett and showed that from the 200 metres to the 100 metres she struck WARSET 8 times in succession.

Ms Collett said that WARSET was held up at the 200 metres and she was not paying attention to where the 100 metre mark was.

Submissions for Penalty:

Mr Coles said that Ms Collett had 1 previous breach of this Rule since 1 August 2017.

15/11/2017 - $600 fine (Group 2 race, $230,000 stake money and her mount dead heated for 1st place).

Mr Coles said this breach was at the low end of the scale and a penalty in line with the Guidelines would be appropriate.

Ms Collett made no submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

There were no aggravating factors.

The mitigating factors were Ms Collett’s admission of the breach and the number of strikes (8) was low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.

WARSET finished in 3rd place.

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: 2bafcdab87f2a71f2a39bd79042345ad


informantnumber: A8896


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/11/2017


hearing_title: Whangarei RC 17 November 2017 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, Carrfields – Selwyn Rodgers Memorial, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Ms A Collett used the whip in an excessive manner when riding WARSET.

Ms Collett acknowledged that she understood the Rule and confirmed her admission of the breach

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 Williamson demonstrated the incident using the available video footage. He identified Ms Collett and showed that from the 200 metres to the 100 metres she struck WARSET 8 times in succession.

Ms Collett said that WARSET was held up at the 200 metres and she was not paying attention to where the 100 metre mark was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Collett admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles said that Ms Collett had 1 previous breach of this Rule since 1 August 2017.

15/11/2017 - $600 fine (Group 2 race, $230,000 stake money and her mount dead heated for 1st place).

Mr Coles said this breach was at the low end of the scale and a penalty in line with the Guidelines would be appropriate.

Ms Collett made no submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

There were no aggravating factors.

The mitigating factors were Ms Collett’s admission of the breach and the number of strikes (8) was low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.

WARSET finished in 3rd place.


penalty:

Ms Collett was fined $500.

In conclusion the Committee advised Ms Collett that a 3rd breach of this Rule in 12 months would result in a suspension.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms A Collett - Class A Rider


Otherperson: Mr M Williamson -Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0d8369bba11148db8aadd060e6f1c675


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: e3c1bec887f5c8b20f5f64e7fcc627c5


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/11/2017


meet_title: Whangarei RC - 17 November 2017


meet_expappcomment:


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tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Whangarei RC