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Canterbury JC 21 February 2020 - R 3 - Chair, Mr S Ching

Created on 24 February 2020

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
RMcKenzie
Name(s):
K Chowdhoory-Licensed Apprentice Jockey (Class B)
Mr A Coles - Stipendiary Steward
Informant
M Davidson- Stipendiary Steward
Information Number
A12810
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 3, the Daphne Bannon Memorial Rating 72, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr K Chowdhoory, alleging that, as the rider of PINUP COUP in the race, he“used his whip in an excessive manner prior to the 100m.”

Mr Chowdhoory was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Chowdhoory also stated that he did not require assistance at the hearing.

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 Davidson, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Chowdhoory riding PINUP COUP, racing in a prominent position passing the 300m. He said that Mr Chowdhoory drew the whip and used it on 8 occasions prior to the 100m. Mr Coles stated that it was the sheer number of strikes prior to the 100m that brought about the charge. He said that Mr Chowdhoory did not use the whip consecutively.

Mr Chowdhoory elected to make no submissions.

Decision:

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

Submission For Penalty:

Mr Davidson told the Committee that Mr Chowdhoory had a clear record in relation to this rule and this was his first offence. He said that there were no aggravating factors to consider and submitted that a fine as per the JCA Penalty Guide be considered as penalty.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We agreed with Mr Davidson that there were no aggravating factors to consider, therefore no uplift in penalty warranted. The Committee therefore determined that a fine of $300 was appropriate.

Penalty:

Accordingly, Mr Chowdhoory is fined the sum of $300.

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