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Levin RC 30 November 2018 - R 4 - Chair, Mr N McCutcheon

Created on 07 December 2018

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
NMoffatt
Name(s):
Mr T K Allan - Licensed Jockey and Rider of BLONDLIGN
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A8849
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 4 (Summerset On The Coast 1200) Information No.A8849 was filed with the Judicial Committee. It was alleged by the Informant that Mr Allan used his whip excessively prior to the 100m.

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:

(ii) excessive

Mr Allan said that he understood the Rule, the Charge and confirmed that he admitted the breach.

Mr Oatham showed the film replays and said that prior to the 100m Mr Allan used his whip 8 times on BLONDLIGN albeit 2 of these strikes being on the shoulder. He added that the whip use was in breach of the whip guidelines of 5-on 5-off prior to the 100m.

Mr Allan agreed with the Stipendiary Steward’s interpretation of his whip use.

Decision:

As the charge was admitted it was deemed proved by the Committee.

Submission For Penalty:

Mr Oatham said that the record showed that Mr Allan had a prior breach of the Rule within the last 12 months that being in April 2018. He placed the whip use breach on this occasion in the lower-end category and reminded the Committee that the JCA starting point penalty for a second breach within 12 months was a fine of $500. He asked the Committee to take into account that the whip was not applied with undue force.

Mr Allan said that the record was correct and that he would be comfortable with a fine as opposed to a suspension. He said that it was some time since he was last charged with a breach of the Rule and that he did not hit his horse very hard.

Reasons For Penalty:

The films showed clearly that Mr Allan did strike his horse with the drawn whip on 8 occasions prior to reaching the 100m. They also showed that two of the strikes were on the shoulder and that the strikes were applied with moderate force. The JCA starting point for a second breach of the Rule within 12 months is a fine of $500. The Committee could not see any justification in departing from the starting point penalty.

Penalty:

Mr Allan was fined $500.

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