Archive Decision

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Taranaki TC 1 March 2018 – R 7 – Chair, Mr N McCutcheon

ID: JCA12133

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr S Dickson - Licensed Horseman and Driver of MARSHAL STAR

Information Number:
A7028

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Taranaki TC - 1 March 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
TBird

Race Date:
2018/03/01

Race Number:
R 7

Decision:

Due to Mr Dickson’s admittance of the breach, it was deemed to be proved by the Committee.

Penalty:

Mr Dickson’s Horseman’s Licence was suspended from the end of racing on 4 March up to and including racing on 15 March 2018 (3 days).

The days being:
7 March Cambridge
13 March Palmerston North
15 March Palmerston North

Facts:

Following the running of Race 7 (Revital Fertilisers Taranaki Cup) Information No. A7028 was filed with the Judicial Committee. The Informant alleged that Mr Dickson used his whip excessively over the final 400m.

Mr Mulcay advised the Committee that Mr Dickson did not wish to be present at the hearing and had endorsed the Information accordingly.

Mr Mulcay showed the relevant film replays which showed that Mr Dickson had struck his horse MARSHAL STAR with the whip no less than 14 times between the 400m and the winning post.

Rule 869(2) provides:

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 USE OF WHIP REGULATIONS PROVIDE:

(b) No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400m, this is inclusive of “backhanders” and the use applies to the horse and/or sulky.

The film evidence was crystal clear that Mr Dickson had breached the Whip Rule 869(2) by striking his horse at least 14 times in the run over the final 400m of the event.

Submissions for Penalty:

Mr Mulcay said that Mr Dickson had previously breached the Whip Rule on 13 February 2018 when a fine of $200 was imposed. He said that as the Penalty Guide stated that a suspension be imposed for a second breach of the Rule, he invited the Committee to follow the guidelines. Mr Mulcay advised the Committee that Mr Dickson had said to the Stewards that he wanted to drive on 3 March and that if a suspension was imposed that it start after that date.

Reasons for Penalty:

As it was Mr Dickson’s second breach of the Rule since 1 December 2017 when the Penalty Guidelines came into effect, the Committee deemed that the appropriate penalty was a term of suspension.

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: 367fa0692c4649d2fd8fcc0a90c9b349


informantnumber: A7028


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/03/2018


hearing_title: Taranaki TC 1 March 2018 - R 7 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 7 (Revital Fertilisers Taranaki Cup) Information No. A7028 was filed with the Judicial Committee. The Informant alleged that Mr Dickson used his whip excessively over the final 400m.

Mr Mulcay advised the Committee that Mr Dickson did not wish to be present at the hearing and had endorsed the Information accordingly.

Mr Mulcay showed the relevant film replays which showed that Mr Dickson had struck his horse MARSHAL STAR with the whip no less than 14 times between the 400m and the winning post.

Rule 869(2) provides:

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 USE OF WHIP REGULATIONS PROVIDE:

(b) No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400m, this is inclusive of “backhanders” and the use applies to the horse and/or sulky.

The film evidence was crystal clear that Mr Dickson had breached the Whip Rule 869(2) by striking his horse at least 14 times in the run over the final 400m of the event.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Due to Mr Dickson’s admittance of the breach, it was deemed to be proved by the Committee.


sumissionsforpenalty:

Mr Mulcay said that Mr Dickson had previously breached the Whip Rule on 13 February 2018 when a fine of $200 was imposed. He said that as the Penalty Guide stated that a suspension be imposed for a second breach of the Rule, he invited the Committee to follow the guidelines. Mr Mulcay advised the Committee that Mr Dickson had said to the Stewards that he wanted to drive on 3 March and that if a suspension was imposed that it start after that date.


reasonsforpenalty:

As it was Mr Dickson’s second breach of the Rule since 1 December 2017 when the Penalty Guidelines came into effect, the Committee deemed that the appropriate penalty was a term of suspension.


penalty:

Mr Dickson’s Horseman’s Licence was suspended from the end of racing on 4 March up to and including racing on 15 March 2018 (3 days).

The days being:
7 March Cambridge
13 March Palmerston North
15 March Palmerston North


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr S Dickson - Licensed Horseman and Driver of MARSHAL STAR


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c17fba2d9b32dfc0c64a0bfb45159664


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7a8257c93eee0a99584241b879dbe095


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/03/2018


meet_title: Taranaki TC - 1 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-tc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: TBird


meet_pm2: none


name: Taranaki TC