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25 Jul 2020
Counties-Rc - R5

Counties RC 25 July 2020 – R 5 – Chair, G Jones

Created on 27 July 2020

Committee:
GJones (chair)
Name(s):
Ms T Newman – Class B Rider of MONACO
Mr N Harris – Northern Riding Mentor Ms V Algar – Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A13377
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

This charge arises from the running of Race 5, the Counties AGRI 1200. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Williamson, alleging that Ms Newman used her whip excessively prior to the 100 metres.

Apprentice rider Ms Newman said that she understood the Rule and confirmed her admission of the breach. She was assisted at the hearing by Northern Riding Mentor Mr N Harris.

Rule 638(3)(b)(ii) provides:

A Rider shall not strike a horse with a whip in a manner or to an extent which is:

(i) unnecessary, or

(ii) excessive, or

(iii) improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Flat Races

Prior to the 100-metre mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

(ii) The whip should not be used in consecutive strides.

(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.

Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:

(i) when a horse is out of contention.

(ii) when a horse is showing no response.

(iii) when a horse has no reasonable prospect of improving or losing its position.

(iv) when a horse is clearly winning.

(v) after passing the winning post.

(vi) using the whip with the arm above shoulder height.

(vii) causing injury to the horse.

Using available race film footage Stipendiary Steward Ms V Algar demonstrated the breach. She identified MONACO (T Newman) racing one off the fence as the field entered the home straight. She said that from the turn to the 100-metre mark Ms Newman struck her mount 8 times prior to the 100 metres.

In response both Ms Newman and Mr Harris said they accepted that she struck her mount 8 times. No further explanation was offered.

Decision:

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

Submission For Penalty:

Mr Williamson submitted that Ms Newman has not breached the whip rule since the revised whip directive came into force on 7 October 2019. He submitted that although the number of strikes was 8, the breach was low end. He submitted that a fine of $300 would be appropriate.

Ms Newman had nothing to add when offered the opportunity to make submissions as to penalty.

Reasons For Penalty:

The JCA Penalty Guide establishes a starting point of a $300 fine for a first breach of this rule. This starting point is inclusive of an admission of the breach and riding record.

The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 8 and noted that they were neither forceful or continuous. There are no aggravating factors.

Taking all matters into account there are no compelling reasons to deviate from the recommended starting point and a fine of $300 is imposed.

Penalty:

Accordingly, Ms Newman is fined $300.

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