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Avondale JC 17 August 2016 - R 1 - Chair, Mr A Dooley

Created on 17 August 2016

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Mr Z Nor Azman - Apprentice Rider
Mr A Coles - Stipendiary Steward
Mr N Harris - Apprentice Jockey Mentor
Informant
Mr M Williamson - Stipendiary Steward
Information Number
A8503
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 1, AJC Members 2100, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Williamson, alleged that Mr Nor Azman used the whip excessively on TAMA AKARANA prior to the 200 metres.

Mr Nor Azman acknowledged that he understood the Rule and admitted the breach. Mr N Harris assisted Mr Nor Azman at the hearing.

Rule 638(3) (b) provides A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

Mr Coles demonstrated on the video films that Mr Nor Azman used his whip 11 times prior to the 200 metres. He said Mr Nor Azman struck his mount every second stride with a brief pause but it was outside the guidelines.

Mr Nor Azman confirmed that he struck his mount 11 times prior to the 200 metres. He added that he was trying to improve his whip style.

Mr Harris stated that Mr Nor Azman was trying too hard and needed to correct his fluency. Mr Harris said that Mr Nor Azman was putting too much strength into his strikes with the whip.

Decision:

As Mr Zor Azman admitted the breach the Committee find the charge proved.

Submission For Penalty:

Mr Williamson produced Mr Zor Azman’s record which showed no previous breach under this Rule in the last 12 months. He said that Mr Zor Azman was a young inexperienced rider who had admitted the breach and was frank with the Stewards. He made reference to the JCA Penalty Guideline which recommends a $500 fine as a starting point for a breach of this Rule. Mr Williamson submitted a fine of no less than $300 would be appropriate.

Mr Zor Azman asked the Committee to take into account his clear record under this Rule.

Mr Harris submitted that he was working with Mr Zor Azman in adjusting his style. Mr Harris said he was encouraging Mr Zor Azman to push his mount out more before using the whip.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Zor Azman’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was mid - range. When reviewing the video films it was clear that Mr Zor Azman was using noticeable force when striking his mount. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.

The Committee did inform Mr Zor Azman that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

After taking into account all the above the Committee considers an appropriate penalty was a $350 fine on this occasion.

Penalty:

Accordingly, Mr Zor Azman was fined $350.

In conclusion the Committee guided Mr Zor Azman with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

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