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Canterbury JC 4 June 2021 - R 2 - Chair, Mr S Ching

Created on 07 June 2021

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
OJarvis
Name(s):
C Campbell-Licensed Jockey (Class B)
Mr C Campbell-Licensed Jockey (Class B)
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Campbell
Informant
J Oatham- Chief Stipendiary Steward
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11969
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of Race 2, the Winter Cup Entries Close 15 June Rating 74, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class B), Mr C Campbell, alleging that, as the Rider of FIRODEN in the Race, he used his whip excessively prior to the 100m.

Mr Campbell was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed to the hearing. He also confirmed that he understood the Rule he was being charged with.

Mr Campbell was assisted at the hearing by NZTR Apprentice Mentor, Mr D Walsh.

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 gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Campbell riding FIRODEN, positioned in the lead and 3 wide as the field turned for home. He said that Mr Campbell drew the whip and used it on 7 occasions prior to the 100m.

Mr Campbell did not dispute the number of strikes and stated that he counted to 5 but mistakenly thought the false start light near the 150m, was the 100m marker.

Mr Walsh stated that Mr Campbell was clearly outside the Guidelines.

Decision:

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

Submission For Penalty:

Mr Oatham told the Committee that Mr Campbell’s record showed 2 prior breaches over the past 6 months being at Riccarton on 30 January 2021 where he received a $500 fine for 8 strikes and 3 April 2021 at Riverton where a 6-day suspension and $600 fine was imposed for 10 strikes in a Listed race. He said that the JCA Penalty Guide provides a starting point of a $2000 fine and 2-day suspension for a third breach of this Rule, within a six-month period. Mr Oatham submitted that a 5-day suspension, as per the starting point for a 4th breach, be considered as penalty in this case.

Mr Campbell stated that he did not seek a deferment of penalty but had rides at Dunedin on Sunday 6 June, where the riders were already declared.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $2000 fine and 2-day suspension for a 3rd offence within 6 months. We considered that this level penalty was excessive financially for a South Island rider and determined that Mr Oathams’ submission of a 5-day suspension, was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Campbell is suspended from the conclusion of racing 6 June 2021 up to and including 13 June 2021.

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