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R Te Aroha 20 April 2018 - R 6 – Chair, Mr G Jones

Created on 21 April 2018

Rules:
638(3)(b)(ii)
Committee:
GJones (chair)
ADooley
Name(s):
Mr J Nason – Class B rider of SWITCH PITCHER
Mr M Williamson - Senior Stipendiary Steward
Mr N Harris - Apprentice Jockey Mentor assisiting Mr Nason
Informant
Mr B Jones - Stipendiary Steward
Information Number
A7343
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 6, the Marlene Goodfellow Memorial 1200, an Information was filed pursuant to Rule 638 3)(b)(ii) alleging Class B rider, Mr J Nason used his whip excessively prior to the 100 metres when riding SWITCH PITCH.

Mr Nason acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Nason 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.

Using available video footage, Mr Williamson demonstrated the breach and showed that Mr Nason struck his mount, SWITCH PITCHER 9 times from the straight entrance until the 150 metre mark. He said the strikes were outside the guidelines because they were without the required respite. He added the breach was low range.

Mr Nason advised the Committee that this was his first breach of the whip Rule in the last 12 months and in the future he will being trying his level best to ensure compliance with the Rule.

Mr Harris told the committee that Mr Nason is generally a “neat and tidy rider” but he needs to take care in the future to curb his exaggerated whip action.

Decision:

As Mr Nason admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Mr Nason has a clear record under this Rule and described the breach itself as being at the low end, albeit outside the guidelines.

Mr Nason reiterated that this was his first breach and asked the Committee to treat him with leniency.

Reasons For Penalty:

In determination of penalty the Committee considered all the evidence and submissions presented. The video evidence was compelling.

We assessed Mr Nason’s admission and good record as neutral factors. There are no exceptional mitigating or aggravating factors and on that basis there are no reasons for the Committee to deviate from the JCA guideline recommended starting point of a $300 fine for a 1st breach of this Rule.

Penalty:

Accordingly, Mr Nason was fined $300.

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