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Canterbury R 21 March 2020 - R 5 - Chair, Mr S Ching

Created on 30 March 2020

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr B B Hong - Licensed Apprentice Jockey (Class B)
Mr D Walsh - NZTR Apprentice Jockey Mentor
Mr M Davidson - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12814
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 5, R Redpath Ltd, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Apprentice Jockey (Class B), Mr B B Hong, alleging that, as the rider of MAMBA in the race, he struck his mount 8 times prior to the 100m.

Mr Hong was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Hong was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh.

Rule 638 provides as follows:

(3) A Rider shall not:

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

(ii) excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:

Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Hong riding MAMBA, racing midfield and 2 off the fence approaching the 400m. Near the 400m Mr Hong drew the whip and used it on 8 occasions prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge. He said that Mr Hong did not use the whip consecutively.

Mr Walsh stated that the first 3 strikes were backhanders with low force.

Decision:

Mr Hong having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Oatham told the Committee that Mr Hong had a clear record in relation to this rule since the reset in October 2019 and this was his first offence. He said that the breach was low level and there were no aggravating factors to consider and submitted that a fine as per the JCA Penalty Guide be considered as penalty.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We agreed with Mr Oatham that there were no aggravating factors to consider, therefore no uplift in penalty warranted.

The Committee therefore determined that a fine of $300 was appropriate.

Penalty:

Accordingly, Mr Hong is fined the sum of $300.

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