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Pakuranga HC 22 August 2015 - R 2 - Chair, Mr A Dooley

Created on 24 August 2015

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Mr S MacNab - Class E Rider
Mr J Oatham - Senior Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A4383
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 2, Pakuranga Hunt Supporters Group 2200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr MacNab used the whip excessively on his mount REGALO REAAL.

Mr MacNab acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b)(ii) provides A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is excessive.

Mr Oatham demonstrated on the video films that Mr MacNab used his whip 11 times prior to the 200 metres. He said Mr MacNab did stop riding his mount for 4 strides but erred in not stopping for the required 6 strides.

Mr MacNab acknowledged that he struck his mount for a total of 11 times prior to the 200 metres. Mr MacNab pointed out to the Committee that he paused for 4 strides and noted when he reverted to using his whip the horse did respond well.

Decision:

As Mr MacNab admitted the breach we find the charge proved.

Submission For Penalty:

Mr Coles produced Mr MacNab’s record which showed no previous breach under this Rule in the last 12 months. He added Mr MacNab has been riding over a long period of time and had never appeared before a Committee. He submitted a fine in the $100 to $150 range would be appropriate.

Mr MacNab submitted that he had a ride on Thursday and would accept a suspension after that meeting.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr MacNab’s admission of the breach, his clear record under this Rule and his exemplary record over a substantial period of time. The Committee assess the number of strikes (11) as low – range and the severity at low – range. To Mr MacNab’s credit he did stop striking his mount for 4 strides.

The Committee informed Mr MacNab that the JCA penalty guide recommended starting point is a $500 fine for a rider's 1st offence.

The Committee had regard for the fact Mr MacNab is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.

After taking into account all the above and placing emphasis on the notable mitigating factors the Committee considers an appropriate penalty is a $150 fine on this occasion.

Penalty:

Accordingly, Mr MacNab was fined $150.

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