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Waikato RC 9 February 2019 - R 9 - Chair, Mr A Dooley

Created on 11 February 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
GJones
Name(s):
Ms T Newman - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr B Jones - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12137
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 9, The Breeze 99.4 FM Premier, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Ms Newman used her whip excessively prior to the 100 metres when riding MARRISA.

Ms Newman said that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Newman at the hearing.

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.

Mr Jones demonstrated the incident using the available video footage. He identified Ms Newman and showed that she struck her mount on 15 occasions prior to the 100 metres. He said that Ms Newman shifted in sharply near the 300 metres and she stopped using her whip. However, he said Ms Newman failed to give her mount the required respite.

Ms Newman accepted Mr Jones’ interpretation of the incident and had nothing further to add.

Decision:

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

Submission For Penalty:

Mr Oatham said that Ms Newman had a clear record in the last 12 months He said the JCA recommended starting point was a $300 fine. He noted while the number of strikes were quite high the level of force was minimal.

Ms Newman submitted that she had a clear record.

Mr Harris submitted that the force of strikes was low range.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

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

Aggravating factor was the number of strikes (15) which required a modest uplift for an Apprentice rider.

Mitigating factors were Ms Newman’s admission of the breach, her clear record and there was minimal force applied.

Penalty:

Accordingly, Ms Newman was fined $350.

In conclusion the Committee advised Ms Newman the starting points for any further breach of this Rule in the next 12 months.

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