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Matamata RC 8 May 2019 - R 7 - Chair, Mr A Dooley

Created on 09 May 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Ms C Burdan - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A11100
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 7, Murray Wilcox Ltd 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms Burdan used the whip excessively prior to the 100 metres.

Ms Burdan said that she understood the Rule and confirmed she admitted the breach.

Mr Harris assisted Ms Burdan at the hearing.

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

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

The “Guidelines With Respect to Acceptable Use of the Whip” provides:

Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Williamson demonstrated the incident using the available video footage. He identified Ms Burdan and showed that she used her whip on 11 occasions from the 400 metres until the 100 metres. He said there were some pauses with the whip but not for the required 5 strides.

Ms Burdan accepted that she used her whip on 11 occasions prior to the 100 metres. She said that she got carried away when leading the field.

Mr Harris said that Ms Burdan has had limited riding experience and she was excited that she won the race.

Decision:

As Ms Burdan admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Ms Burdan had a clear record under this Rule and submitted that a fine in the vicinity of $300 would be appropriate. He said the strikes were not forceful.

Ms Burdan made no submissions on penalty.

Mr Harris submitted that Ms Burdan would learn from today’s breach.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.

The films confirmed that the strikes were not forceful and there were some pauses between the strikes but not for the minimum 5 strides.

Penalty:

Accordingly, Ms Burdan was fined $300.

In conclusion the Committee advised Ms Burdan the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.

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