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27 May 2021
Counties-Rc - R8

Counties RC 27 May 2021 – R 8 – Chair, Mr A Smith

Created on 30 May 2021

Rules:
638(3((b)(ii)
Committee:
ASmith (chair)
Name(s):
Mr C Jones – Apprentice Rider of IRISH BOY
Mr D Ralph – Assisting Mr Jones
Ms L Selvakumaran – Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A13914
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

This charge arises from the running of Race 8, a Maiden 1400m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Apprentice Rider, Mr C Jones used his whip excessively when riding IRISH BOY prior to the 100 metres.

Mr Jones was assisted at the hearing by IRISH BOY’s stable representative Mr D Ralph.

Mr Jones said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i) unnecessary, or
(ii) excessive, or
(iii) improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(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.

Using available race film footage Ms Selvakumaran demonstrated the breach. She identified Mr Jones’ mount, IRISH BOY, shortly after entering the home straight. She said that between the straight entrance to the 100-metre mark Mr Jones struck his mount 7 times.

In response Mr Jones said that he agreed with the number of strikes.

Decision:

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

Submission For Penalty:

Mr Coles said that Mr Jones had breached the whip Rule on two previous occasions in the last 6 months and his record wasn’t great. He said that an aggravating factor was the fact that he had won the race.

The Committee advised Mr Jones that the starting point for a 3rd breach of the whip Rules was a $2,000 fine and a 2 day suspension, however on occasions, and in some circumstances, Committees had looked to increase the suspension period and reduce the fine amount, particularly for Apprentice jockeys or those riders that had limited opportunities.

Mr Jones, confirmed that he was in a position to pay a $2,000 fine and a limited suspension was preferred.

Mr Ralph assisting Mr Jones, said that Mr Jones was heading to Mr Sharrock's stable in the CD and would benefit from the regular opportunities he would get in that part of the country.

Reasons For Penalty:

The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 7 prior to the 100m and noted that a number of these were “backhanders”. They were not overly forceful nor were they continuous.

When assessing penalty, the Committee took into consideration, admission of the breach, Mr Jones record, the number of rides Mr Jones has had since his previous breach (approx 30) and the fact that while using his whip outside the Guidelines he went on to win the race, which the Committee assessed as an aggravating factor.

Having assessed all of these factors the Committee determined that an appropriate penalty would be a 3 day suspension and a $2,000 fine.

Penalty:

Mr Jones’ Licence is suspended from the close of racing on 29 May and concludes after racing on 4 June. In addition, we impose a $2,000 fine.

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