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R Tauranga 18 November 2017 - R 8 - Chair, Mr A Dooley

Created on 19 November 2017

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
ASmith
Name(s):
Ms H Andrew - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor assisting Ms Andrew
Mr A Coles - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A9491
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 8, Devan Plastics Handicap Rating 65, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Andrew used her whip excessively on THE BANDITO prior to the 100 metres.

Ms Andrew acknowledged that she understood the Rule and confirmed her admission of the breach. Ms Andrew was assisted at the hearing by Mr N Harris.

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 Coles demonstrated the incident using the available video footage. He identified Ms Andrew and showed that she struck her mount 11 times prior to the 100 metres. He said that Ms Andrew had 2 respites of 3 to 4 strides but not for the minimum 5 strides.

Ms Andrew said she felt that she could win the race and got a bit excited.

Decision:

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

Submission For Penalty:

Mr Williamson said that Ms Andrew had 2 previous breaches of this Rule since 1 August 2017.

26/8/2017 - $300 fine

2/9/2017 - $500 fine

Mr Williamson said to be consistent with previous penalties imposed a 6 day suspension would be appropriate. He said that Ms Andrew failed to give her mount sufficient breaks with the whip and assessed the incident as low range.

Ms Andrew said that she had spoken to her employer Mr Gray and advised that she had commitments at Waverley on 19 November and any proposed suspension could start after that date.

Mr Harris said that today was Ms Andrew’s first ride on a right handed track.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

The Committee adopted 6 national riding days as the starting point.

There were no aggravating factors.

The mitigating factors were Ms Andrew’s admission of the breach, the total number of strikes (11) was low to mid-range and the severity of strikes was low. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.

THE BANDITO finished in 1st place but there was no suggestion any advantage had been gained from Ms Andrew’s actions.

Penalty:

Accordingly, Ms Andrew had her license to ride in races suspended for a period to commence after racing on 19 November and conclude after racing on 29 November 2017 (6 national riding days).

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