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South Canterbury RC 19 July 2020 - R 7 - Chair, Mr S Ching

Created on 20 July 2020

Committee:
SChing (chair)
Name(s):
D Prastiyou-Licensed Jockey (Class A)
Informant
J Oatham- Chief Stipendiary Steward
Information Number
A11883
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 7, the Jon Snow, King In The South Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr D Prastiyou, alleging that, as the rider of O’GUY in the race, he struck his mount excessively prior to the 100m.

Mr Prastiyou was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed. He also confirmed that he understood the rule he was being charged with.

Rule 638 provides as follows:

(3) A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is:

(ii) excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:

Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Prastiyou riding O’ GUY, positioned two off the rail and in contention as the field entered the home straight. He said that Mr Prastiyou drew the whip and used it on 10 to 11 occasions, with 2 consecutive strikes included, prior to the 100m.

Mr Prastiyou did not dispute the number of strikes contended by Mr Oatham.

Decision:

Mr Prastiyou having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Oatham told the Committee that Mr Prastiyou had a clear record in regard to this rule. Mr Oatham stated that the JCA Penalty Guide provides a starting point of a 6-day suspension for a breach of this rule where the number of strikes is 10 or more. Mr Oatham stated that after taking all factors into consideration, including the financial implications of Covid 19 and restricted opportunities going forward, that a suspension of 3 to 4 days be considered as penalty in this case.

Mr Prastiyou elected to make no submissions on penalty but made application to defer any suspension until after racing on Saturday 25 July 2020.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 National Day suspension for 10 strikes or more.

Taking all factors into consideration, including Mr Prastiyou’s good record, the financial implications of Covid 19 and Mr Oatham's submissions, we determined that a 4 National Day suspension was an appropriate penalty in this case.

Penalty:

Mr Prastiyou’s application for a deferment until after racing on 25 July is granted.

Accordingly, Mr Prastiyou is suspended from the conclusion of racing 25 July up to and including 2 August 2020.

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