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Hawke's Bay RI 5 October 2019 - R 1 - Chair, Mrs N Moffatt

Created on 15 October 2019

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
NMcCutcheon
Name(s):
Mr J Parkes - Class A Rider
Mr D Balcombe - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11521
Plea:
Admitted
Charge:
Excessive use of the Whip
Evidence:

Following Race 1(Bay Ford NZ Punter Of The Year), Mr Oatham lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that J Parkes used his whip excessively, the 100m, on his mount SOLESEFEI.

At the outset of the hearing Mr Parkes confirmed that he understood the Rule and that he admitted the breach.

Mr Oatham played the side and head-on films of the race and counted where Mr Parkes struck his mount 8 times prior to the 100m without the required respite.

Mr Parkes agreed that he had used the whip that many times.

Decision:

As Mr Parkes admitted the breach, the charge was deemed proved.

Submission For Penalty:

Mr Oatham produced Mr Parkes’ record, which showed one previous charge within the last 12 months. On that occasion (10/11/18) Mr Parkes was suspended for 8 days. Mr Oatham submitted that an appropriate penalty for today’s breach would be a fine aligned with the Judicial Penalty Guidelines.

Mr Parkes concurred with the Stewards’ penalty submissions and had nothing further to add.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300 fine
2nd breach - $500 fine
3rd or subsequent breach -  6-8 national riding days

It was not contested that Mr Parkes used his whip 8 times before the last 100 metres and both film angles confirmed this number. The Committee took into account the fact that the strikes were not continuous but Mr Parkes failed to give the required 5-stride respite. We note that this was Mr Parkes second breach within the last 12 months.

There were no aggravating factors requiring an uplift from the starting point.

Penalty:

Accordingly, Mr Parkes is fined the sum of $500.

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