Archive Decision

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Waikato BOP H 30 August 2018 – R 1 – Chair, Mr A Dooley

ID: JCA10457

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr D Iremonger - Amateur Driver

Information Number:
A9152

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2) and Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 30 August 2018

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2018/08/30

Race Number:
R1

Decision:

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

Penalty:

The Committee imposes a fine of $500 on Mr Iremonger.

Facts:

Following the running of race 1, Vidcom NZ Mobile Pace 1700m, an Information was filed pursuant to Rule 869(2).The Informant, Senior Stipendiary Steward, Mr Muirhead, alleged that Amateur Driver, Mr Iremonger used his whip in a striking motion on more than 10 occasions from the 400 metres.

Mr Iremonger endorsed the Information “I do not wish to attend the hearing, and accepts that he hit his horse excessively and he admitted the breach”.

Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Clause (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.

Mr Muirhead demonstrated the incident using the available video footage. He said that Mr Iremonger was leading in the 1700 metre race and his horse ATOM HANOVER had run quarters of 29.7, 29.8 and 29.1 prior to the final 400 metres. He pointed out that over the final 400 metres Mr Iremonger used his whip on at least 19 occasions.

Submissions for Penalty:

Mr Muirhead said the appropriate penalty would be a fine in line with the Whip Regulations.

Mr Muirhead confirmed that he had told Mr Iremonger that the Stewards would be recommending a $500 fine for this breach.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed that Mr Iremonger used his whip on at least 19 occasions inside the final 400 metres.

The Committee noted with concern that Mr Iremonger had used the whip on 9 occasions from the 500 metres to the 400 metres.

The use of Whip Regulations sliding scale provides that 17 plus strikes has a starting point of a $500 fine.

The Committee had no evidence placed before us to deviate from the starting point.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 024ff13d945f7da1eb2e8c6f38bf998f


informantnumber: A9152


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 31/08/2018


hearing_title: Waikato BOP H 30 August 2018 - R 1 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 1, Vidcom NZ Mobile Pace 1700m, an Information was filed pursuant to Rule 869(2).The Informant, Senior Stipendiary Steward, Mr Muirhead, alleged that Amateur Driver, Mr Iremonger used his whip in a striking motion on more than 10 occasions from the 400 metres.

Mr Iremonger endorsed the Information “I do not wish to attend the hearing, and accepts that he hit his horse excessively and he admitted the breach”.

Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Clause (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.

Mr Muirhead demonstrated the incident using the available video footage. He said that Mr Iremonger was leading in the 1700 metre race and his horse ATOM HANOVER had run quarters of 29.7, 29.8 and 29.1 prior to the final 400 metres. He pointed out that over the final 400 metres Mr Iremonger used his whip on at least 19 occasions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Muirhead said the appropriate penalty would be a fine in line with the Whip Regulations.

Mr Muirhead confirmed that he had told Mr Iremonger that the Stewards would be recommending a $500 fine for this breach.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed that Mr Iremonger used his whip on at least 19 occasions inside the final 400 metres.

The Committee noted with concern that Mr Iremonger had used the whip on 9 occasions from the 500 metres to the 400 metres.

The use of Whip Regulations sliding scale provides that 17 plus strikes has a starting point of a $500 fine.

The Committee had no evidence placed before us to deviate from the starting point.


penalty:

The Committee imposes a fine of $500 on Mr Iremonger.


hearing_type: Hearing


Rules: 869(2) and Whip Regulations


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr D Iremonger - Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1f51501126d7bbe62b9e589984ae5b87


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6ca3d0cab0d8eb165b44b81ed86764f7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2018


meet_title: Harness Racing Waikato - 30 August 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Harness Racing Waikato