Akaroa TC 30 March 2014 – R 9
ID: JCA10729
Meet Title:
Akaroa TC - 30 March 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/03/30
Race Number:
R 9
Decision:
Mr O’Reilly having admitted the charge, the charge was found proved.
Penalty:
Mr O’Reilly was fined the sum of $300.
Facts:
Following the running of Race 9, Resource Recycling/Stunin Cullen at Pinelea Akaroa Cup, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr L F O’Reilly, alleging that he “used his whip in an excessive manner whilst driving JERRY GARCIA”.
Mr O’Reilly had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Wallis informed the Committee that Mr O’Reilly had indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis showed a video replay of the final 400 metres of the race. He pointed out JERRY GARCIA, driven by Mr O’Reilly, trailing the leader ARISING EASTON approaching the home straight for the last time. On straightening, Mr O’Reilly improved into the passing lane. Mr Wallis said that the Stewards were alleging that Mr O’Reilly had used his whip on 21-22 occasions from that point to the finish. JERRY GARCIA went on to win the race, the margin over the 2nd horse being a ½ head.
Mr Wallis said that Mr O’Reilly had acknowledged to the Stewards that he had breached the Rule and that his whip use was “high”.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr O’Reilly had had 105 drives in the current season and could be classified as a “busy driver”. He had been charged on 29 December 2013 at this track under the Rule for excessive use of the whip on the same horse. On that occasion he had struck the horse 25 times and was fined $250.
Mr Wallis asked the Committee to have regard to Mr O’Reilly’s admission of the charge. However, it should also be taken into account that he had breached the Rule as recently as the end of December. He referred to the Penalty Guide which provides a starting point for a second breach of the Rule within 12 months of 10 drives or a $500 fine. Stewards believed that a fine of $250-300 would be appropriate on this occasion, Mr Wallis said.
Mr Wallis was asked by the Committee for his views on the seriousness of the breach. The Committee observed that, over the early stages of the run home, Mr O’Reilly’s use of the whip was broken up with some pauses. Mr Wallis agreed and suggested that Mr O’Reilly had driven the horse out and his use would not have been excessive had he not become anxious in the final stages when MAGNA was closing the gap. He had then used his whip in a “quick fire” manner and got the number of strikes up too high, Mr Wallis submitted. The strikes were not forceful or offensive but the number of strikes was too high as Mr O’Reilly became desperate nearing the finish, Mr Wallis said.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine as suggested in the Penalty Guide. Mr O’Reilly’s admission of the breach was a mitigating factor for which he was entitled to credit. The Committee recognised that the early strikes were not continuous and none of the strikes were delivered with any great force, which factors are also in Mr O’Reilly’s favour. The number of 21-22 was at the lower end of the scale of breaches under the Rule.
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: 0a7c0581c6053cb8f7cf8d29948d3cad
informantnumber: A1776
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/03/2014
hearing_title: Akaroa TC 30 March 2014 - R 9
charge:
facts:
Following the running of Race 9, Resource Recycling/Stunin Cullen at Pinelea Akaroa Cup, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr L F O’Reilly, alleging that he “used his whip in an excessive manner whilst driving JERRY GARCIA”.
Mr O’Reilly had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Wallis informed the Committee that Mr O’Reilly had indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis showed a video replay of the final 400 metres of the race. He pointed out JERRY GARCIA, driven by Mr O’Reilly, trailing the leader ARISING EASTON approaching the home straight for the last time. On straightening, Mr O’Reilly improved into the passing lane. Mr Wallis said that the Stewards were alleging that Mr O’Reilly had used his whip on 21-22 occasions from that point to the finish. JERRY GARCIA went on to win the race, the margin over the 2nd horse being a ½ head.
Mr Wallis said that Mr O’Reilly had acknowledged to the Stewards that he had breached the Rule and that his whip use was “high”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr O’Reilly having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr O’Reilly had had 105 drives in the current season and could be classified as a “busy driver”. He had been charged on 29 December 2013 at this track under the Rule for excessive use of the whip on the same horse. On that occasion he had struck the horse 25 times and was fined $250.
Mr Wallis asked the Committee to have regard to Mr O’Reilly’s admission of the charge. However, it should also be taken into account that he had breached the Rule as recently as the end of December. He referred to the Penalty Guide which provides a starting point for a second breach of the Rule within 12 months of 10 drives or a $500 fine. Stewards believed that a fine of $250-300 would be appropriate on this occasion, Mr Wallis said.
Mr Wallis was asked by the Committee for his views on the seriousness of the breach. The Committee observed that, over the early stages of the run home, Mr O’Reilly’s use of the whip was broken up with some pauses. Mr Wallis agreed and suggested that Mr O’Reilly had driven the horse out and his use would not have been excessive had he not become anxious in the final stages when MAGNA was closing the gap. He had then used his whip in a “quick fire” manner and got the number of strikes up too high, Mr Wallis submitted. The strikes were not forceful or offensive but the number of strikes was too high as Mr O’Reilly became desperate nearing the finish, Mr Wallis said.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine as suggested in the Penalty Guide. Mr O’Reilly’s admission of the breach was a mitigating factor for which he was entitled to credit. The Committee recognised that the early strikes were not continuous and none of the strikes were delivered with any great force, which factors are also in Mr O’Reilly’s favour. The number of 21-22 was at the lower end of the scale of breaches under the Rule.
penalty:
Mr O’Reilly was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr L F O'Reilly - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ad1ab0983df037d4c1038af7daf184ca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7b18bbc65391edf9338340edd4c6c80b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2014
meet_title: Akaroa TC - 30 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Akaroa TC