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R Te Aroha 25 September 2016 - R 10 - Chair, Mr N McCutcheon

Created on 29 September 2016

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
AGodsalve
Name(s):
Ms A Schwerin - Apprentice Jockey
Mr N Harris - Assisting Ms Schwerin
Mr M Williamson - Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A7881
Plea:
Admitted
Charge:
Excessive use of the Whip
Evidence:

Following the running of R10 (Diprose Miller 1600), Information A7881 was filed with the Judicial Committee. Mr Coles, Stipendiary Steward, alleged that Ms Schwerin used her whip in an excessive manner prior to the 200m when riding BEYOND REACH.

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.

Ms Schwerin said that she understood the Rule, charge and confirmed to the committee that she admitted the breach.

Mr Williamson showed the film replays and said that Ms Schwerin had hit her horse approximately 10 times prior to the 200m without the required respite. He added that the horse was hit every second stride.

Ms Schwerin that she agreed with the Stipendiary Steward’s interpretation of her ride in that she struck the horse 10 times. However she added that she only hit the horse 3 times behind the saddle, the remainder were on the shoulder.

Mr Harris said that the Te Aroha track has a long straight and that riders are inclined to not count how many times they use the whip. He said that Ms Schwerin did not use the whip aggressively.

Decision:

As the charge was admitted it was found to be proved by the Committee.

Submission For Penalty:

Mr Coles said that Ms Schwerin had received a warning on 27 July 2016 regarding her whip use, but had not been charged since 24 October 2015. He said that her whip use was not aggressive and would place the breach at the lower end of the scale. He submitted that a fine in the $300 region would suffice.

Ms Schwerin said that she did not count the number of strikes, but did not intend to hurt her horse. She added that her horse became tired and that she did not hit it from the 200m.

Reasons For Penalty:

The committee considered the breach to be at the very low-end as Ms Schwerin did not hit the horse with force and that the strikes were only every second stride. Having said that, the RIU were correct in preferring the charge as excessive use of the whip is a serious horse welfare issue and riders need to realise that they must ride within the present guidelines.

Penalty:

Having regard to the JCA starting point of $500, a discount was given for the reasons outlined above, with Ms Schwerin being fined $300.

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