Waikato BOP H 25 January 2018 – R 5 – Chair, Mr A Godsalve
ID: JCA13013
Meet Title:
Harness Racing Waikato - 25 January 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/01/25
Race Number:
R5
Decision:
As Mr Delaney has admitted this breach we find the charge proved.
Penalty:
The Committee imposed a fine of $500 on Mr Delaney.
Facts:
Following the running of Race 5, the JUBILEE PARK PRESENTS LOTS 20, 42 & 151 MOBILE PACE 2200M, an Information was presented in which Mr Mulcay alleged that Junior Horseman, Mr N Delaney used his whip excessively in a striking motion over the concluding stages driving WILLEDU.
Mr Delaney was present at the hearing and was assisted by Open Horseman, Mr A Poutama. Mr Delaney acknowledged that he understood the Rule, and that he admitted the breach.
Rule 869(2) states : 'No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board'.
The Regulations state : '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 WILLEDU as the field neared the 400m mark. WILLEDU was leading the field, as he had done for most of the race. As the horse passed the 400m, Mr Delaney 'tapped' it twice. Mr Mulcay stated that he did not take these strikes into consideration when assessing this incident as they were of minimal force and may not have been applied to the horse itself. However, when the horse entered the home straight Mr Delaney commenced using his whip in a free-hand striking motion. From there until the finish he struck the horse 17 times without any real respite. WILLEDU went on to win the race narrowly.
Mr Delaney confirmed that he accepted that he had struck the horse 17 times. He had nothing else to add.
Mr Poutama had nothing to say on Mr Delaney's behalf.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide and the Sliding Scale for breaches of this Rule which was implemented on 30 November 2017. This scale shows that for a first breach of this Rule when 17 or more strikes are involved a fine of $500 applies. Mr Mulcay said that the records showed that Mr Delaney did not have any other breaches of this Rule recorded in the previous 6 months.
Neither Mr Delaney or Mr Poutama had any comment to make.
Reasons for Penalty:
The Committee confirmed that where a driver appeared on a breach of this Rule and did not have any prior breaches within the previous 6 months, a starting point of a fine of $500 applied if they have struck their horse 17 or more times.
It was inevitable given the clarity of the films that Mr Delaney would admit this breach. The penalties within the Sliding Scale already take into account an admission and a clear record. We therefore did not apply any credit in that respect.
Mr Delaney used a flamboyant whip action in this incident. He went on to narrowly win the race. The Committee pointed out that it was a particuarly bad look for the viewing public when there are increasing concerns for animal welfare. We suggested he might look for some assistance in an effort to modify his whip use.
The Committee gave consideration to an uplift on the starting point of a $500 fine. Given that Mr Delaney is a Junior Horseman and that he has not breached the Rule previously within the past 6 months, we determined that $500 was an appropriate penalty.
We did however advise Mr Delaney that a suspension of his drivers licence would follow any further breach in the next 6 months.
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: 361d02e12589ddbe892cf77d294029f0
informantnumber: A2645
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/01/2018
hearing_title: Waikato BOP H 25 January 2018 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the JUBILEE PARK PRESENTS LOTS 20, 42 & 151 MOBILE PACE 2200M, an Information was presented in which Mr Mulcay alleged that Junior Horseman, Mr N Delaney used his whip excessively in a striking motion over the concluding stages driving WILLEDU.
Mr Delaney was present at the hearing and was assisted by Open Horseman, Mr A Poutama. Mr Delaney acknowledged that he understood the Rule, and that he admitted the breach.
Rule 869(2) states : 'No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board'.
The Regulations state : '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 WILLEDU as the field neared the 400m mark. WILLEDU was leading the field, as he had done for most of the race. As the horse passed the 400m, Mr Delaney 'tapped' it twice. Mr Mulcay stated that he did not take these strikes into consideration when assessing this incident as they were of minimal force and may not have been applied to the horse itself. However, when the horse entered the home straight Mr Delaney commenced using his whip in a free-hand striking motion. From there until the finish he struck the horse 17 times without any real respite. WILLEDU went on to win the race narrowly.
Mr Delaney confirmed that he accepted that he had struck the horse 17 times. He had nothing else to add.
Mr Poutama had nothing to say on Mr Delaney's behalf.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Delaney has admitted this breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide and the Sliding Scale for breaches of this Rule which was implemented on 30 November 2017. This scale shows that for a first breach of this Rule when 17 or more strikes are involved a fine of $500 applies. Mr Mulcay said that the records showed that Mr Delaney did not have any other breaches of this Rule recorded in the previous 6 months.
Neither Mr Delaney or Mr Poutama had any comment to make.
reasonsforpenalty:
The Committee confirmed that where a driver appeared on a breach of this Rule and did not have any prior breaches within the previous 6 months, a starting point of a fine of $500 applied if they have struck their horse 17 or more times.
It was inevitable given the clarity of the films that Mr Delaney would admit this breach. The penalties within the Sliding Scale already take into account an admission and a clear record. We therefore did not apply any credit in that respect.
Mr Delaney used a flamboyant whip action in this incident. He went on to narrowly win the race. The Committee pointed out that it was a particuarly bad look for the viewing public when there are increasing concerns for animal welfare. We suggested he might look for some assistance in an effort to modify his whip use.
The Committee gave consideration to an uplift on the starting point of a $500 fine. Given that Mr Delaney is a Junior Horseman and that he has not breached the Rule previously within the past 6 months, we determined that $500 was an appropriate penalty.
We did however advise Mr Delaney that a suspension of his drivers licence would follow any further breach in the next 6 months.
penalty:
The Committee imposed a fine of $500 on Mr Delaney.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr N Delaney - Junior Horseman
Otherperson: Mr A Poutama - Open Horseman assisting Mr Delaney
PersonPresent:
Respondent:
StipendSteward:
raceid: 3d4d9a85dc037086317901f1e66ddda4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2769a4b4c5b8cf92048dbdbc3e6fb7e4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2018
meet_title: Harness Racing Waikato - 25 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato