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Whangarei RC 31 August 2019 - R 1 - Chair, Mr A Dooley

Created on 02 September 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
GJones
Name(s):
Mr M Hashizume - Apprentice Rider
Mr G Cooksley - Trainer / Jockey assisting Mr Hashizume
Mr B Jones - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11330
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 1, Michael Pereira supporting North Haven Hospice, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Hashizume used the whip excessively prior to the 100 metres when riding HE’S CAVALIER.

Mr Hashizume said that he understood the Rule and confirmed his admission of the breach.

Mr Cooksley assisted Mr Hashizume 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.

Mr Jones demonstrated the incident using the available video footage. He identified Mr Hashizume and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there were pauses with the whip but not for the required 5 strides.

Mr Hashizume accepted Mr Jones’ interpretation of the incident and had nothing to add.

Decision:

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

Submission For Penalty:

Mr Williamson said that Mr Hashizume breached this Rule on 14 April 2018 and incurred a $300 fine. He said a second breach had a starting point of a $500 fine. He added that Mr Hashizume needs to curb his enthusiasm and noted that his mount was weakening.

Mr Hashizume and Mr Cooksley had no submissions on penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which we adopted. This fine includes an admission of the breach.

When reviewing the video footage the Committee found that the 9 strikes were neither continuous nor forceful.

Penalty:

Accordingly, Mr Hashizume was fined $500.

In conclusion the Committee advised Mr Hashizume that a 3rd breach of this Rule starting point is a suspension of 6 to 8 days and the reset period for his excessive whip record is 12 months.

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