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Canterbury JC 11 July 2020 - R 6 - Chair, Mr S Ching

Created on 13 July 2020

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
Name(s):
Miss T Jonker - Licensed Jockey (Class A)
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12823
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 6, the Cup Week Hospitality On Sale Now Rating 92, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss T Jonker, alleging that, as the rider of SABER in the race, she struck her mount excessively prior to the 100m.

Miss Yonker was present at the hearing of the information and had endorsed the information that the breach was admitted, which she confirmed. She also confirmed that she understood the rule 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 400 metres of the race. He pointed out Miss Jonker riding SABER, positioned in the lead position on the rail as the field entered the home straight. He said that Miss Jonker drew the whip and used it on 11 occasions, prior to the 100m.

Miss Jonker did not dispute the number of strikes contended by Mr Oatham She said that this was her second day back riding since last September and got carried away with the whip, as she was going on to win the race.

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 clear record in relation to the rule over the previous 12 months. He added that Miss Jonker had only just returned to riding after ceasing race day riding in September 2019. Mr Oatham stated that the JCA Penalty Guide provided a 6 National Day starting point for a breach of this rule if the strikes were 10 or more. He stated that there was an aggravating factor to consider, being that Miss Jonker went on to win the race. Mr Oatham submitted that a discount may be considered due to the current Covid 19 situation and lack of upcoming opportunities for riders.

Miss Jonker made no submissions in regard to penalty apart from requesting that any suspension begin immediately.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 National Day starting point for a breach where the strikes were 10 or more. We agreed with Mr Oatham that the aggravating factor was the fact that Miss Jonker went on to win the race.

We noted that there were mitigating factors to be considered as noted in Penalty submissions. We determined that due to the current situation, as a result of the Covid 19 lockdown and lack of opportunity, a discount for that mitigation was warranted in this case.

Taking all factors into consideration, including the fact that this was Miss Yonker's second day back riding since September 2019, we determined that an appropriate penalty in this case was a 5 National day suspension.

Penalty:

Accordingly, Miss Jonker is suspended from the conclusion of racing today up to and including 22 July 2020.

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