Waikato/Bay of Plenty HI 8 February 2018 – R 7 – Chair, Mr A Godsalve
ID: JCA12387
Meet Title:
Harness Racing Waikato - 8 February 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ASmith
Race Date:
2018/02/08
Race Number:
R7
Decision:
As Mr Quill has admitted the breach we find the charge proved.
Penalty:
We therefore imposed a 3 day suspension of his driving licence on Mr Quill. We allowed his request that he be able to fulfill commitments until 15th February - within the 7 day penalty deferment period.
Mr Quill's licence to drive is therefore suspended from after racing is completed on 15th February until the completion of racing on 23rd February 2018 - a 3 day suspension.
We advised Mr Quill that any further breaches of this Rule within the 6 month period would attract an uplifted penalty on the one we have imposed today.
Facts:
Following the running of Race 7, the MIDFREW FARM PRES. LOTS 358, 374, 479, 392 MBL PACE 2200m Mr Mulcay submitted an Information in which he alleged that Junior Horseman Mr S Quill 'used his whip in a striking motion in excess of 10 times on ARDENT LUSTRE inside the final 400 metres'.
Mr Quill, assisted by Open Horseman Mr D Butcher, was present at the hearing. He acknowledged that he (a) understood the Rule, and (b) that he admitted the breach.
Rule 869(2) states 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 say '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'.
Using the available films Mr Mulcay identified the horse ARDENT LUSTRE as the field passed the 400m mark. At that time ARDENT LUSTRE was leading the race. Mr Mulcay stated that the Stewards had concerns about Mr Quill's whip use from about the 200m mark when ARDENT LUSTRE was being challenged by the eventual winner IVANA FLYBYE. From that point until the finish Mr Quill struck the horse and/or its sulky 13 times. Mr Mulcay stated that he considered the final 3 strikes to be totally unnecessary as the winner had passed ARDENT LUSTRE who was beginning to tire.
Mr Quill agreed with Mr Mulcay that he had used his whip 13 times. He had nothing further to add, and Mr Butcher did not have any comment to make.
Submissions for Penalty:
Mr Mulcay made reference to the JCA Penalty Guide. He said that Mr Quill had been fined $200 at Tauranga on 28 January 2018, and therefore this was his second Breach of the Rule. The Guide calls for a starting point of a 3 day suspension in these circumstances.
Mr Quill had nothing to add. He told the Committee he had commitments at the 2 day Manawatu meeting on the 13th and 15th February and would prefer to start any suspension after those meetings.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provided a starting point of a 3 day suspension for a 2nd breach of this Rule in a 6 month period. Given that Mr Quill was fined for a breach of the Rule on 28 January 2018, a suspension is therefore called for. We could not find any aggravating features which would require an uplift on the starting point of a 3 day suspension. The strikes were not particuarly forceful, however we agree with Mr Mulcay that the final strikes were unnecessary given that the horse appeared to have given its best.
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: 56e6b6b034b137cc731fd7742903dc1a
informantnumber: A7027
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 09/02/2018
hearing_title: Waikato/Bay of Plenty HI 8 February 2018 - R 7 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 7, the MIDFREW FARM PRES. LOTS 358, 374, 479, 392 MBL PACE 2200m Mr Mulcay submitted an Information in which he alleged that Junior Horseman Mr S Quill 'used his whip in a striking motion in excess of 10 times on ARDENT LUSTRE inside the final 400 metres'.
Mr Quill, assisted by Open Horseman Mr D Butcher, was present at the hearing. He acknowledged that he (a) understood the Rule, and (b) that he admitted the breach.
Rule 869(2) states 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 say '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'.
Using the available films Mr Mulcay identified the horse ARDENT LUSTRE as the field passed the 400m mark. At that time ARDENT LUSTRE was leading the race. Mr Mulcay stated that the Stewards had concerns about Mr Quill's whip use from about the 200m mark when ARDENT LUSTRE was being challenged by the eventual winner IVANA FLYBYE. From that point until the finish Mr Quill struck the horse and/or its sulky 13 times. Mr Mulcay stated that he considered the final 3 strikes to be totally unnecessary as the winner had passed ARDENT LUSTRE who was beginning to tire.
Mr Quill agreed with Mr Mulcay that he had used his whip 13 times. He had nothing further to add, and Mr Butcher did not have any comment to make.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Quill has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay made reference to the JCA Penalty Guide. He said that Mr Quill had been fined $200 at Tauranga on 28 January 2018, and therefore this was his second Breach of the Rule. The Guide calls for a starting point of a 3 day suspension in these circumstances.
Mr Quill had nothing to add. He told the Committee he had commitments at the 2 day Manawatu meeting on the 13th and 15th February and would prefer to start any suspension after those meetings.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provided a starting point of a 3 day suspension for a 2nd breach of this Rule in a 6 month period. Given that Mr Quill was fined for a breach of the Rule on 28 January 2018, a suspension is therefore called for. We could not find any aggravating features which would require an uplift on the starting point of a 3 day suspension. The strikes were not particuarly forceful, however we agree with Mr Mulcay that the final strikes were unnecessary given that the horse appeared to have given its best.
penalty:
We therefore imposed a 3 day suspension of his driving licence on Mr Quill. We allowed his request that he be able to fulfill commitments until 15th February - within the 7 day penalty deferment period.
Mr Quill's licence to drive is therefore suspended from after racing is completed on 15th February until the completion of racing on 23rd February 2018 - a 3 day suspension.
We advised Mr Quill that any further breaches of this Rule within the 6 month period would attract an uplifted penalty on the one we have imposed today.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Quill-Junior Driver
Otherperson: Mr D Butcher-Open horseman assisting Mr Quill
PersonPresent:
Respondent:
StipendSteward:
raceid: 5ea2eb8ebb4bff5023f72ab9d1c44879
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3f1c5511a57e146aec1cfa90a54e2f34
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/02/2018
meet_title: Harness Racing Waikato - 8 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ASmith
meet_pm2: none
name: Harness Racing Waikato