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Canterbury R 8 March 2018 - R 8 - Chair, Mr S Ching

Created on 12 March 2018

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
GClapp
Name(s):
Mr B B Hong - Licensed Apprentice Jockey (Class B)
Mr D Walsh - NZTR Apprentice Jockey Mentor
Mr D Wadley - Stipendiary Steward
Informant
Mr J M McLaughlin - Stipendiary Steward
Information Number
A1940
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 8, the Racecourse Hotel & Motor Lodge Rating 65, an information was filed by Stipendiary Steward, Mr J Mclaughlin, against Licensed Apprentice Jockey (Class B), Mr BB Hong, alleging that Mr Hong, as the rider of WHY ME in the race, “used his whip excessively prior to the 100m.”

Mr Hong was present at the hearing of the information, assisted by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Hong 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.

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:

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 McLaughlin, with the assistance of Stipendiary Steward, Mr D Wadley, showed video replays of the final 300-400 metres of the race. He pointed out Mr Hong riding WHY ME, racing towards the outside of the track and in a challenging position. He said that Mr Hong drew the whip and used it on 9 occasions with only a brief pause prior to the 100m which was clearly outside the guidelines.

Mr Hong did not dispute the number of strikes and conceded that he had not given the required amount of respite as required by the Guidelines. He said he had no excuse and it was totally his fault.

Decision:

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

Submission For Penalty:

Mr Mclaughlin told the Committee that Mr Hong had a record that showed 2 previous breaches of this rule over the previous 12 months being at Ashburton on 21 October where he was fined $400 followed by a second breach at Riccarton where he received a $500 fine. Mr McLaughlin stated that the JCA Penalty Guide provided a 6 to 8 National day suspension for a 3rd and subsequent breach of this rule within a 12-month period. He stated that the breach was low level and submitted that a 6 National Day suspension be considered as penalty.

Mr Hong, with Mr Walsh’s assistance, requested that any suspension begin as soon as possible.

Reasons For Penalty:

In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd or subsequent breach of this rule. We agreed with the Stewards that the breach was at a low level. We therefore adopted a 6-day starting point and with there being no aggravating factors to warrant an uplift, determined that a 6 National Day suspension was an appropriate penalty.

Penalty:

Mr Hong’s is suspended from the conclusion of racing 11 March up to and including 21 March 2018.

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