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14 Apr 2019
Waikato-Rc - R6

Waikato RC 14 April 2019 - R 6 – Chair, Mr G Jones

Created on 15 April 2019

Committee:
GJones (chair)
ADooley
Name(s):
M Hashizumi
Mr N Harris - Apprentice Jockey Mentor
Mr B Jones - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11094
Plea:
Admitted
Charge:
Careless Riding
Evidence:

This charge arises from the running of race 6, the Lodge Real Estate 1200. An Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, M Williamson, alleged that Apprentice Jockey Mr M Hashizumi used his whip excessively on CENGHAR prior to the 100 metres.

Mr Hashizumi said that he understood the Rule and confirmed his admission of the breach. He 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” 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.

Stipendiary Steward Mr B Jones demonstrated the incident using the available video footage. He identified Mr Hashizumi’s mount as it entered the final straight racing close to the inside running rail. He said that Mr Hashizumi struck his mount on 12 occasions prior to the 100 metres. He added Mr Hashizumi failed to give his mount the required respite.

Mr Hashizumi did not wish to offer any explanation for the breach. Mr Harris advised that this was Mr Hashizumi’s first breach of the whip rule; he is just starting to secure some race day mounts and will no doubt take away some learnings from this experience. 

Decision:

As Mr Hashizumi admitted the breach the Committee found the charge proved. 

Submission For Penalty:

Mr Williamson said that Mr Hashizumi had a clear record under the whip rule and this is his first charge. He said the JCA Guide recommended starting point was a $300 fine and given that there were no aggravating or mitigating factors a fine consistent with the guide would be appropriate in this case.

Neither Mr Hashizumi, nor Mr Harris offered any penalty submissions. 

Reasons For Penalty:

The Committee considered all the evidence and submissions presented. The video films were conclusive. Mr Hashizumi did strike his mount 12 times without the required respite albeit with minimal force.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine.

There are no aggravating factors and the mitigating factors were Mr Hashizumi’s admission of the breach and his clear record. Neither warrant a reduction or uplift in penalty.  

Penalty:

Accordingly, Mr Hashizumi was fined $300.

In conclusion the Committee advised Mr Hashizumi the starting points for any further breach of this Rule in the next 12 months would result in an increased penalty consistent with the graduated increase as set out in the JCA Penalty Guide.

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