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Counties RC 27 October 2017 - R 2 - Chair, Mr A Dooley

Created on 30 October 2017

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
BScott
Name(s):
Ms A Schwerin - Apprentice Jockey
Mr N Harris - Apprentice Jockey Mentor assisting Ms Schwerin
Mr M Williamson - Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A8886
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 2, Haunui Farm 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Coles, alleged that Ms Schwerin used her whip in an excessive manner on WAY TOO EASY prior to the 100 metres.

Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Schwerin at the hearing.

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

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

The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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 Williamson demonstrated the incident using the available video footage. He identified Ms Schwerin and showed that she struck her mount 10 times prior to the 100 metres without the required respite.

Ms Schwerin acknowledged that she struck her mount 10 times prior to the 100 metres and added that there was no force applied.

Mr Harris said that Ms Schwerin needs to get into a habit of counting her strikes with the whip.

Decision:

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

Submission For Penalty:

Mr Coles said that Ms Schwerin had a clear record and the breach was at the low end. He submitted a monetary penalty would be appropriate.

Ms Schwerin made no submissions on penalty.

The Committee advised Ms Schwerin the JCA Penalty Guide starting points for excessive use of the whip.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 1st breach of this Rule is a $300 fine. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.

When reviewing the incident it was clear that the 10 strikes were not forceful.

The mitigating factors were Ms Schwerin’s clear record under this Rule and her admission of the breach.

WAY TOO EASY finished in 3rd place.

Penalty:

Ms Schwerin was fined $300.

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