Waikato/BOP HI 28 January 2018 – R 6 – Chair, Mr A Godsalve
ID: JCA11282
Meet Title:
Harness Racing Waikato - 28 January 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/01/28
Race Number:
R 6
Decision:
As Mr Lawson has admitted the breach we find the charge proved.
Penalty:
Accordingly we imposed a fine of $200 on Mr Lawson.
Facts:
Following the running of Race 6, the LASER PLUMBING & HEATING TE PUKE MOBILE PACE 1950m, Mr Mulcay produced an Information alleging that Open Horseman Mr S Lawson used his whip excessively inside the final 400 metres.
Mr Lawson endorsed the Information to the effect that (a) he admitted the breach, and (b) that he did not wish to be present at the hearing.
Rule 869(2) provides that 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.'
The Regulations provide that '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 includes the horse, harness and/or sulky.'
Using the films Mr Mulcay identified the horse MCLEOD'S DAUGHTER driven by Mr Lawson, as the field passed the 400 metres mark. From that point until the finish, Mr Lawson struck the horse 13 times with his whip. The strikes were not particuarly forceful, however that number of strikes is in contravention of the Rule and Regulations.
Submissions for Penalty:
Mr Mulcay advised the Committee that Mr Lawson did not have any prior breaches of this Rule or the Regulations within the past 6 months. He added that the breach was at the lower end of the scale in respect of the force used. Mr Mulcay referred to the sliding scale introduced on 30 November 2017 wherein a breach of the Rule involving 11-13 strikes incurred a fine of $200.
Reasons for Penalty:
The Committee took into account that Mr Lawson did not have any prior breaches of this Rule. We did not consider there were any aggravating factors which would suggest an uplift on the sliding scale where a fine of $200 was indicated. The Committee agreed with Mr Mulcay that Mr Lawson had struck the horse 13 times, and that in our opinion the breach fell into the lower end on the scale of seriousness.
JCA Decision Fields (raw)
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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: 1baaa7e0c6e3fff62958d884c88c54d8
informantnumber: A7023
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 28/01/2018
hearing_title: Waikato/BOP HI 28 January 2018 - R 6 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 6, the LASER PLUMBING & HEATING TE PUKE MOBILE PACE 1950m, Mr Mulcay produced an Information alleging that Open Horseman Mr S Lawson used his whip excessively inside the final 400 metres.
Mr Lawson endorsed the Information to the effect that (a) he admitted the breach, and (b) that he did not wish to be present at the hearing.
Rule 869(2) provides that 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.'
The Regulations provide that '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 includes the horse, harness and/or sulky.'
Using the films Mr Mulcay identified the horse MCLEOD'S DAUGHTER driven by Mr Lawson, as the field passed the 400 metres mark. From that point until the finish, Mr Lawson struck the horse 13 times with his whip. The strikes were not particuarly forceful, however that number of strikes is in contravention of the Rule and Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lawson has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay advised the Committee that Mr Lawson did not have any prior breaches of this Rule or the Regulations within the past 6 months. He added that the breach was at the lower end of the scale in respect of the force used. Mr Mulcay referred to the sliding scale introduced on 30 November 2017 wherein a breach of the Rule involving 11-13 strikes incurred a fine of $200.
reasonsforpenalty:
The Committee took into account that Mr Lawson did not have any prior breaches of this Rule. We did not consider there were any aggravating factors which would suggest an uplift on the sliding scale where a fine of $200 was indicated. The Committee agreed with Mr Mulcay that Mr Lawson had struck the horse 13 times, and that in our opinion the breach fell into the lower end on the scale of seriousness.
penalty:
Accordingly we imposed a fine of $200 on Mr Lawson.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Lawson-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 27c512150a73acfeb0f16cab5648cabe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5128a7ca0ea58382c187a779e586f0a2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/01/2018
meet_title: Harness Racing Waikato - 28 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato