Archive Decision

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Kapiti Coast HRC 3 February 2019 – R 6 – Chair, Mr P Williams

ID: JCA12970

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr S Dickson - Open Horseman

Information Number:
A10590

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Kapiti Coast HRC - 3 February 2019

Meet Chair:
PWilliams

Race Date:
2019/02/03

Race Number:
R6

Decision:

As Mr Dickson has admitted the breach the Committee finds the charge proved.

Penalty:

Mr Dickson is fined $300.

Facts:

Following the running of Race 6, the “Addington Road Stables Mobile Pace”, Information A10590 was filed by Senior Stipendiary Steward Mr J Muirhead against Open Horseman Mr S Dickson alleging “he used his whip on more occasions than permitted under Clause (b) (of the Use of Whip Regulations) when driving “over the final 400m”.  Mr Dickson signed the Information indicating he admitted the breach and also that he did not wish to be present at the hearing.

Rule 869 states:
(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.

Using the available films from the 400m point Mr Muirhead highlighted Mr Dickson driving “The Night Hawk” leading the race as the horses rounded the final bend. He said from the top of the straight Mr Dickson then used his whip 16 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.

Submissions for Penalty:

Mr Muirhead said Mr Dickson had a clear record in relation to this Rule breach. He said the starting point for a first breach was a fine of $300 that was an appropriate penalty.

Reasons for Penalty:

The Committee has reviewed the film of the final 400m of the Race. Mr Dickson has used his whip in a striking motion 16 times with some of the strikes being quite forceful. That number of strikes means the severity of the breach in the mid range and it is noted that prior to today Mr Dickson had not breached the Rule and Whip Regulations in the previous six months. The starting point penalty for today’s mid range breach is a fine of $300 which the Committee considers to be mitigation inclusive. There are no aggravating factors that warrant the starting point level of penalty being increased.

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: 7009b4f639aafe382134d2fc0a5aca49


informantnumber: A10590


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 03/02/2019


hearing_title: Kapiti Coast HRC 3 February 2019 - R 6 - Chair, Mr P Williams


charge:


facts:

Following the running of Race 6, the “Addington Road Stables Mobile Pace”, Information A10590 was filed by Senior Stipendiary Steward Mr J Muirhead against Open Horseman Mr S Dickson alleging “he used his whip on more occasions than permitted under Clause (b) (of the Use of Whip Regulations) when driving “over the final 400m”.  Mr Dickson signed the Information indicating he admitted the breach and also that he did not wish to be present at the hearing.

Rule 869 states:
(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.

Using the available films from the 400m point Mr Muirhead highlighted Mr Dickson driving “The Night Hawk” leading the race as the horses rounded the final bend. He said from the top of the straight Mr Dickson then used his whip 16 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Dickson has admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Muirhead said Mr Dickson had a clear record in relation to this Rule breach. He said the starting point for a first breach was a fine of $300 that was an appropriate penalty.


reasonsforpenalty:

The Committee has reviewed the film of the final 400m of the Race. Mr Dickson has used his whip in a striking motion 16 times with some of the strikes being quite forceful. That number of strikes means the severity of the breach in the mid range and it is noted that prior to today Mr Dickson had not breached the Rule and Whip Regulations in the previous six months. The starting point penalty for today’s mid range breach is a fine of $300 which the Committee considers to be mitigation inclusive. There are no aggravating factors that warrant the starting point level of penalty being increased.


penalty:

Mr Dickson is fined $300.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr S Dickson - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 53770c309b4a2f1a7732226e79b09b17


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7254fe5d29148a638c039eea61b56ac2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/02/2019


meet_title: Kapiti Coast HRC - 3 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kapiti-coast-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: none


meet_pm2: none


name: Kapiti Coast HRC