Waikouaiti TC 15 February 2017 – R 1 – Chair, Prof G Hall
ID: JCA11834
Meet Title:
Waikouaiti HRC - 15 February 2017
Meet Chair:
GHall
Race Date:
2017/02/15
Race Number:
R 1
Decision:
Mr Munro has admitted the breach. The charge is proved.
Penalty:
Mr Munro is fined the sum of $300.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Munro (ELUSIVE FLIGHT) struck his horse with the whip excessively in the final straight in race 1, the BISHOPDALE/BUSH INN TAB/TAVERN HAREWOOD MOBILE PACE.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh demonstrated on the videos that Mr Munro, driving ELUSIVE FLIGHT, was racing towards the outside of the field in the home straight and over the final 350 metres he used his whip 12 times.
Mr Munro said he was aware of the rule and guidelines. He thought he had counted correctly the number of strikes and had gone to the reins, but it was evident from the video that he had not. He said it was a long straight and ELUSIVE FLIGHT was finishing well.
Submissions for Penalty:
Mr Tidmarsh produced Mr Munro’s record, which was clear under this rule. This was the respondent’s third raceday drive as an amateur. Mr Tidmarsh said the strikes were not forceful but were too numerous. He agreed with the Committee that there were some pauses in the respondent’s actions.
Mr Munro initially indicated that he preferred a suspension to a fine. When he was informed that it had been agreed with the Horseman’s Association when the guidelines were published that an amateur drive would be equated to a fine of $50, he stated he would take a fine.
Reasons for Penalty:
The starting point is a fine of $500 as in the JCA Penalty Guide. Mr Munro’s breach is towards the lower end. There are 12 strikes and ELUSIVE FLIGHT was responding to these. They were not forceful and there some brief pauses. In addition, he switched to the use of the reins when the horse neared the finishing line, as he was aware he was close to the allowable 10 strikes. Unfortunately, he has miscounted. ELUSIVE FLIGHT finished fourth. After giving credit of $100 for each of the mitigating factors of the admission of the breach and that this is Mr Munro’s first breach of this rule, the figure is $300.
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: 2de22a5117295978dd6e426f7e11937b
informantnumber: A8583
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2017
hearing_title: Waikouaiti TC 15 February 2017 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Munro (ELUSIVE FLIGHT) struck his horse with the whip excessively in the final straight in race 1, the BISHOPDALE/BUSH INN TAB/TAVERN HAREWOOD MOBILE PACE.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh demonstrated on the videos that Mr Munro, driving ELUSIVE FLIGHT, was racing towards the outside of the field in the home straight and over the final 350 metres he used his whip 12 times.
Mr Munro said he was aware of the rule and guidelines. He thought he had counted correctly the number of strikes and had gone to the reins, but it was evident from the video that he had not. He said it was a long straight and ELUSIVE FLIGHT was finishing well.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Munro has admitted the breach. The charge is proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Munro’s record, which was clear under this rule. This was the respondent’s third raceday drive as an amateur. Mr Tidmarsh said the strikes were not forceful but were too numerous. He agreed with the Committee that there were some pauses in the respondent’s actions.
Mr Munro initially indicated that he preferred a suspension to a fine. When he was informed that it had been agreed with the Horseman’s Association when the guidelines were published that an amateur drive would be equated to a fine of $50, he stated he would take a fine.
reasonsforpenalty:
The starting point is a fine of $500 as in the JCA Penalty Guide. Mr Munro’s breach is towards the lower end. There are 12 strikes and ELUSIVE FLIGHT was responding to these. They were not forceful and there some brief pauses. In addition, he switched to the use of the reins when the horse neared the finishing line, as he was aware he was close to the allowable 10 strikes. Unfortunately, he has miscounted. ELUSIVE FLIGHT finished fourth. After giving credit of $100 for each of the mitigating factors of the admission of the breach and that this is Mr Munro’s first breach of this rule, the figure is $300.
penalty:
Mr Munro is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr N Munro - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bb03bc19326dffe9704dde45dafb5161
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eeead3df4778cb994c9ab0f200be006f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2017
meet_title: Waikouaiti HRC - 15 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Waikouaiti HRC