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Canterbury JC 4 June 2021 - R 5 - Chair, Mr S Ching

Created on 07 June 2021

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
OJarvis
Name(s):
Miss T Jonker - Licensed Jockey (Class A)
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11970
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of Race 5, the Barneswood Farm Open Handicap, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Miss T Jonker, alleging that, as the Rider of CELINE in the Race, she used her whip excessively prior to the 100m.

Miss Jonker was present at the hearing of the Information and had endorsed the Information that the breach was admitted. She also confirmed that she understood the provisions of the Rrule she 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 gave evidence and showed video replays of the final 450 metres of the Race. He pointed out Miss Jonker riding CELINE, positioned widest on the track and in contention, as the field entered the home straight. He said that just prior to the home turn, Miss Jonker used the whip on 2 occasions and then once in the straight, used her whip on a further 6 occasions, prior to the 100m. Mr Oatham stated that Miss Jonker went on to win the race by ½ a neck.

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

Decision:

Miss Jonker having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Oatham told the Committee that Miss Jonker had a prior breach within the previous 6 months being at Ashburton on 7 April 2021 where she received a $300 fine for 8 strikes as a first offence. He stated that the JCA Penalty Guide provides a starting point of a $500 fine for a second offence and stated that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the race. Mr Oatham submitted that a $500 fine with consideration of a uplift for the aggravating factor, be considered as penalty.

Miss Jonker stated that she only gets about 2 rides per meeting and her financial situation was not great. She submitted that her financial situation be considered in any penalty imposed.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, mitigation inclusive, for a second offence of this Rule. We determined that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the Race. We also took into consideration Miss Jonker's financial situation which on balance, we determined, warranted that no uplift in penalty be imposed on this occasion.
We therefore determined that a $500 fine was an appropriate penalty in this case.

Penalty:

Miss Jonker is fined the sum of $500.

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