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R Te Aroha 3 July 2016 - R 7 - Chair, Mr A Dooley

Created on 04 July 2016

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Ms E Goodinson - Class D Rider
Mr J Oatham - Senior Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A7870
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 7, Maramarua & Waikato Hunt 1600, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Ms Goodinson used the whip excessively on her mount SO KEEP EM.

Ms Goodinson acknowledged that she understood the Rule and admitted the breach.

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

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

Mr Oatham demonstrated on the video films that Ms Goodinson used her whip approximately 12 times prior to the 200 metres. He said the strikes were not continuous and believed there was no intent on Ms Goodinson’s part to hit her horse hard. He advised the Committee that Ms Goodinson had recently arrived in New Zealand and was still getting used to the Rules.

Ms Goodinson told the Committee that she was an inexperienced rider who had limited opportunities in England and was confused with the New Zealand Rules. She conceded it was only when the Stewards spoke to her after the race today that she now has a better understanding of the Rules.

Decision:

As Ms Goodinson admitted the breach we find the charge proved.

Submission For Penalty:

Mr Coles produced Ms Goodinson’s record which showed no previous breach under this Rule from 19 rides in New Zealand. He said Ms Goodinson was still relatively inexperienced and recognised the she was confused about the required whip respite. He said Ms Goodinson should be given credit for her admission of the breach and submitted a fine in the vicinity of $200.

Ms Goodinson submitted that a $200 fine would be an appropriate penalty.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Ms Goodinson’s admission of the breach and her clear record under this Rule from just 19 rides. The Committee assess the number of strikes (12) was near mid – range and the severity of strikes was low to mid - range. We acknowledge the frequency of strikes were not continuous and there were clear pauses.

The Committee did inform Ms Goodinson that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It is recognised that Ms Goodinson, as a high-weight and jumps rider, has limited opportunities in comparison to that of a flat rider however excessive use of the whip will not be tolerated.

The Committee advised Ms Goodinson regarding animal welfare issues and public perception when it came to whip offences.

The Committee told Ms Goodinson as a license holder she had an obligation to understand the Rules. We advised Ms Goodinson that if there was any doubt in her mind regarding the New Zealand Rules of Racing she should seek guidance from the Stipendiary Stewards.

After taking into account all the above the Committee considers an appropriate penalty was a $300 fine on this occasion.

Penalty:

Accordingly, Ms Goodinson was fined $300.

In conclusion the Committee guided Ms Goodinson with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

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