Canterbury JC - 7 August 2010 - R 5
638(3)(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: J M McLaughlin, Stipendiary Steward
Defendant: C J Singer, Licensed Apprentice Jockey
Information No: 5630
Meeting: Canterbury Jockey Club
Date: Saturday, 7 August 2010
Venue: Riccarton Park, Christchurch
Race: 5
Rule No: 638 (3) (b)
Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 5, NZI Koral Steeplechase, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey, Mr C J Singer, alleging a breach of Rule 638 (3) (b) in that Mr Singer “rider of WOLF PACK used his whip in an excessive manner prior to the 200 metres mark”.
Mr Singer was present at the hearing of the information. He was informed by the Chairman that, as an Apprentice Jockey, he was entitled to be assisted at the hearing by a senior licenceholder. Mr Singer indicated that he was aware of that right but he stated that he waived that right.
Mr Singer indicated that he admitted the breach of the Rule.
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 unnecessary, excessive or improper.
SUBMISSION(S):
Mr McLaughlin showed a video replay of the final 400 metres of the race. He pointed out Mr Singer, riding WOLF PACK, jumping the second to last fence at the 400 metres. From that point to the 200 metres Mr Singer hit his horse with the whip approximately 14 times. WOLF PACK was in 6th position and had run past some tired runners but was not making any ground under the whip. It was not threatening the placed runners, Mr McLaughlin submitted. The Stewards were alleging that Mr Singer had used his whip in a manner that was excessive.
Mr Singer accepted the allegation of the Stewards that he had struck the horse approximately 14 times between the 400 and the 200 metres.
DECISION:
The charge was found proved.
SUBMISSION(S) ON PENALTY:
Mr McLaughlin informed the Committee that Mr Singer had been fined the sum of $225 for a breach of the same Rule at Avondale on 8 April 2010. He also pointed out that today’s race was for a stake of $30,000. He submitted that a fine of not less than $300 was appropriate for the breach.
Mr Singer said the horse was a “very funny horse” that would pull up down the back and then get going at the last minute. The horse was “a grinder”, he said. However, he acknowledged that he had “overdone it” on this occasion.
REASONS:
In determining penalty, the Committee took into account Mr Singer’s very frank admission of the breach. However, an aggravating factor was the previous breach of the same Rule only 4 months ago. The Committee also took into account the stake payable for the race [Rule 920 (2) (b)]
PENALTY:
Mr Singer was fined the sum of $300.
