Waikato BOP H 21 February 2020 – R 2 – Chair, Mr B J Scott
ID: JCA11552
Meet Title:
Harness Racing Waikato - 21 February 2020
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2020/02/21
Race Number:
R2
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee orders that Mr Smith is fined $200.00.
Facts:
Following the running of the MINDFOOD MAGAZINE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Driver Mr C Smith alleging that Mr Smith as the Driver of LAGERTHA used his whip on more occasions than permitted under under the "Use of Whip' Regulations over the final 400 metres.
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.
Part (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.
Mr Smith was present at the Hearing and he was assisted by Senior Horseman Mr JI Dickie. Mr Smith advised the Committee that he understood the charge and the Regulations and he confirmed that he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where Mr Smith's horse was 3rd on the inside line passing the 450 metres mark and after that he moved to the outside and then used his whip 12 times.
Mr Smith confirmed that he agreed with the number of 12 strikes.
Submissions for Penalty:
Mr Mulcay referred to the penalties in the Use of Whip Guidelines which provide for a fine of $200.00 for 11 to 13 strikes.
Mr Dickie on behalf of Mr Smith enquired as to whether a suspension would be available rather than a fine. The Committee advised Mr Dickie that the Regulations were prescriptive and that a fine was the only option.
Reasons for Penalty:
The number of strikes is agreed and the Regulations provide for a fine of $200.00.
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: 2030c9ae2f5e3420c3f32eb81c985661
informantnumber: A12237
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2020
hearing_title: Waikato BOP H 21 February 2020 - R 2 - Chair, Mr B J Scott
charge:
facts:
Following the running of the MINDFOOD MAGAZINE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Driver Mr C Smith alleging that Mr Smith as the Driver of LAGERTHA used his whip on more occasions than permitted under under the "Use of Whip' Regulations over the final 400 metres.
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.
Part (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.
Mr Smith was present at the Hearing and he was assisted by Senior Horseman Mr JI Dickie. Mr Smith advised the Committee that he understood the charge and the Regulations and he confirmed that he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where Mr Smith's horse was 3rd on the inside line passing the 450 metres mark and after that he moved to the outside and then used his whip 12 times.
Mr Smith confirmed that he agreed with the number of 12 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Mulcay referred to the penalties in the Use of Whip Guidelines which provide for a fine of $200.00 for 11 to 13 strikes.
Mr Dickie on behalf of Mr Smith enquired as to whether a suspension would be available rather than a fine. The Committee advised Mr Dickie that the Regulations were prescriptive and that a fine was the only option.
reasonsforpenalty:
The number of strikes is agreed and the Regulations provide for a fine of $200.00.
penalty:
This Committee orders that Mr Smith is fined $200.00.
hearing_type: Hearing
Rules: RULE 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr C Smith - Licensed Junior Horseman
Otherperson: Mr J I Dickie - Senior Horseman assisting Mr Smith
PersonPresent:
Respondent:
StipendSteward:
raceid: cf3999fd341a67d7a836107ff087d3c8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6bb25ed380fcfa62d8633fb3f7af0126
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/02/2020
meet_title: Harness Racing Waikato - 21 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato