Archive Decision

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Woodville-Pahiatua RC 21 May 2015 – R 9

ID: JCA10542

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr D Mo - Apprentice Jockey

Other Person:
Mr J Lynds - Trainer and representing Mr Mo

Information Number:
A6809

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Woodville - Pahiatua RC - 21 May 2015

Meet Chair:
TCastles

Meet Committee Member 1:
TUtikere

Race Date:
2015/05/21

Race Number:
R 9

Decision:

As the breach was admitted it was deemed proved.

Penalty:

Mr Mo, you are fined the sum of $500.

Facts:

Following the running of Race 9 at the Woodville Pahiatua Race Meeting "The Meat Company Dannevirke 1600" Apprentice Jockey Mr D Mo confirmed his admittance of a breach of Rule 638 (3)(b) in that he used his whip excessively prior to the 200 metres.  As the breach was admitted it was deemed proved.

Mr Goodwin (Stipendiary Steward) read the rule and Mr Mo through his Interpreter confirmed he understood the rule.

Mr Goodwin using the available films took the Committee through the incident pointing out that Mr Mo struck his mount PARTY GIRL 13 times without respite from the top of the straight until the 200 metre mark.  It was, he informed the Committee, outside the guidelines.

Mr Lynds submitted that he was trying to get the best out of his mount in quite trying ground.

Mr Mo - through his Interpreter - submitted that he became excited because he thought he was going to run into a dividend bearing position.

Submissions for Penalty:

Mr Tidmarsh submitted that this was Mr Mo's first charge under this rule. He did have a good record.

Mr Tidmarsh informed the Committee that his use of the whip was well outside the guidelines and believed the incident to be in the low to mid range.

In answer to a question from the Committee through his Interpreter Mr Mo agreed the incident was outside the guidelines to which he was aware of and had so far 36 rides up to today's meeting.

Mr Lynds asked the Committee to take into account his youthful exuberance and his admittance of the breach.

Mr Tidmarsh submitted he believed that a monetary penalty was appropriate. 

Reasons for Penalty:

Mr Mo, in coming to a decision, the Committee has taken into account your admittance of the breach and the fact that this is your first breach of the rule.

While the stewards deemed the severity of the breach to be in the low to mid range, the Committee viewed it differently. We believed the incident to be at the higher end of the scale.  Your mount was struck 13 times in a continuous manner well outside the guidelines of which you were aware.  The Committee considered whether a period of suspension as allowed for under the guidelines would be appropriate bearing in mind you are an apprentice jockey.

In balance however, because of your record and your remorse expressed to us through your Interpreter, we have decided a monetary penalty on this occasion was appropriate.

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: 0a0ff08b0fa79bfdad3a2f635eabc67b


informantnumber: A6809


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2015


hearing_title: Woodville-Pahiatua RC 21 May 2015 - R 9


charge:


facts:

Following the running of Race 9 at the Woodville Pahiatua Race Meeting "The Meat Company Dannevirke 1600" Apprentice Jockey Mr D Mo confirmed his admittance of a breach of Rule 638 (3)(b) in that he used his whip excessively prior to the 200 metres.  As the breach was admitted it was deemed proved.

Mr Goodwin (Stipendiary Steward) read the rule and Mr Mo through his Interpreter confirmed he understood the rule.

Mr Goodwin using the available films took the Committee through the incident pointing out that Mr Mo struck his mount PARTY GIRL 13 times without respite from the top of the straight until the 200 metre mark.  It was, he informed the Committee, outside the guidelines.

Mr Lynds submitted that he was trying to get the best out of his mount in quite trying ground.

Mr Mo - through his Interpreter - submitted that he became excited because he thought he was going to run into a dividend bearing position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted it was deemed proved.


sumissionsforpenalty:

Mr Tidmarsh submitted that this was Mr Mo's first charge under this rule. He did have a good record.

Mr Tidmarsh informed the Committee that his use of the whip was well outside the guidelines and believed the incident to be in the low to mid range.

In answer to a question from the Committee through his Interpreter Mr Mo agreed the incident was outside the guidelines to which he was aware of and had so far 36 rides up to today's meeting.

Mr Lynds asked the Committee to take into account his youthful exuberance and his admittance of the breach.

Mr Tidmarsh submitted he believed that a monetary penalty was appropriate. 


reasonsforpenalty:

Mr Mo, in coming to a decision, the Committee has taken into account your admittance of the breach and the fact that this is your first breach of the rule.

While the stewards deemed the severity of the breach to be in the low to mid range, the Committee viewed it differently. We believed the incident to be at the higher end of the scale.  Your mount was struck 13 times in a continuous manner well outside the guidelines of which you were aware.  The Committee considered whether a period of suspension as allowed for under the guidelines would be appropriate bearing in mind you are an apprentice jockey.

In balance however, because of your record and your remorse expressed to us through your Interpreter, we have decided a monetary penalty on this occasion was appropriate.


penalty:

Mr Mo, you are fined the sum of $500.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr D Mo - Apprentice Jockey


Otherperson: Mr J Lynds - Trainer and representing Mr Mo


PersonPresent:


Respondent:


StipendSteward:


raceid: 1617d83bce9902ca178a3a4a4d37c1bf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 67a8aa8c7db88d976f4476d46dce6c38


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/05/2015


meet_title: Woodville - Pahiatua RC - 21 May 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: woodville-pahiatua-rc


meet_racingtype: thoroughbred-racing


meet_chair: TCastles


meet_pm1: TUtikere


meet_pm2: none


name: Woodville - Pahiatua RC