Archive Decision

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Forbury Park TC 21 June 2018 – R 6 – Chair, Prof G Hall

ID: JCA12420

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr A Fitzgerald - Junior Driver

Other Person:
Mr V Munro - Stipendiary Steward

Information Number:
A10520

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Forbury Park TC - 21 June 2018

Meet Chair:
GHall

Race Date:
2018/06/21

Race Number:
R 6

Decision:

As Mr Fitzgerald has admitted the breach, it is found to be proved.

Penalty:

Mr Fitzgerald is fined the sum of $200.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Fitzgerald used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive SUGAR CANE in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.

Rule 869 provides as follows:
(2) 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 the Whip Regulations provide:
(b) 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 Fitzgerald indicated on the information that he admitted the breach and did not wish to be present at the hearing. Mr Wallis explained that Mr Fitzgerald had had the assistance of Open Horseman, Mr B Williamson when he made this decision.

Mr Wallis asked Mr Munro, Stipendiary Steward, to demonstrate the alleged breach on the videos. He pointed out Mr Fitzgerald, who was racing at the front of the field as they turned for home. Mr Fitzgerald used his whip 13 times in the last 400 metres. There was the odd pause and there were also 2 backhanders close to the winning post.

Submissions for Penalty:

The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Fitzgerald is 13. He agrees that this is the number. Mr Fitzgerald has had 33 drives this season, and 31 last season.

Reasons for Penalty:

This is Mr Fitzgerald’s first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.

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: 59eb73b6bfc855709ee5aaac402c4fb0


informantnumber: A10520


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2018


hearing_title: Forbury Park TC 21 June 2018 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Fitzgerald used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive SUGAR CANE in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.

Rule 869 provides as follows:
(2) 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 the Whip Regulations provide:
(b) 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 Fitzgerald indicated on the information that he admitted the breach and did not wish to be present at the hearing. Mr Wallis explained that Mr Fitzgerald had had the assistance of Open Horseman, Mr B Williamson when he made this decision.

Mr Wallis asked Mr Munro, Stipendiary Steward, to demonstrate the alleged breach on the videos. He pointed out Mr Fitzgerald, who was racing at the front of the field as they turned for home. Mr Fitzgerald used his whip 13 times in the last 400 metres. There was the odd pause and there were also 2 backhanders close to the winning post.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Fitzgerald has admitted the breach, it is found to be proved.


sumissionsforpenalty:

The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Fitzgerald is 13. He agrees that this is the number. Mr Fitzgerald has had 33 drives this season, and 31 last season.


reasonsforpenalty:

This is Mr Fitzgerald’s first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.


penalty:

Mr Fitzgerald is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr A Fitzgerald - Junior Driver


Otherperson: Mr V Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2359d59e0f9c938d1e4761b6c3991a43


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: fb63a64cf064c008602c5a5ebcb09933


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/06/2018


meet_title: Forbury Park TC - 21 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC