Marlborough HRC 20 January 2019 – R 9 – Chair, Mr P Williams
ID: JCA13112
Meet Title:
Marlborough HRC - 20 January 2019
Meet Chair:
PWilliams
Meet Committee Member 1:
DAnderson
Race Date:
2019/01/20
Race Number:
R9
Decision:
Penalty:
Facts:
Following the running of Race 9, the “2019 Summer Festival Marlborough Cup Handicap Pace”, Information A11359 was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr N McGrath alleging “N McGrath (Gore Bay) used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”. Mr McGrath signed the Information indicating he admitted the breach and also that he did not wish to be present at the hearing of the Information.
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 Renault highlighted Mr McGrath driving “Gore Bay” racing towards the rear of the field in the 3 wide position. He said from the top of the straight Mr McGrath used his whip 13 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.
Submissions for Penalty:
Mr Renault said Mr McGrath had a clear record in relation to this Rule. He said the starting point for a first breach was a fine of $200 and it was the RIU’s submission that a fine of that amount was an appropriate penalty.
Reasons for Penalty:
The Committee has reviewed the film of the final 400m of the Race. Mr McGrath has used his whip in a striking motion 13 times. That number of strikes means we classify the severity of the breach in the low-range. The Committee notes this is Mr McGraths first breach in contravention of the Use of Whip Regulations. The starting point penalty for today’s low-range breach is a fine of $200 which the Committee considers to be mitigation inclusive. Taking into account all of the above we consider that level of fine is an appropriate penalty on this occasion.
JCA Decision Fields (raw)
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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: 43d0b28caabdc5783df38f4a154d0dae
informantnumber: A11359
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 21/01/2019
hearing_title: Marlborough HRC 20 January 2019 - R 9 - Chair, Mr P Williams
charge:
facts:
Following the running of Race 9, the “2019 Summer Festival Marlborough Cup Handicap Pace”, Information A11359 was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr N McGrath alleging “N McGrath (Gore Bay) used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”. Mr McGrath signed the Information indicating he admitted the breach and also that he did not wish to be present at the hearing of the Information.
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 Renault highlighted Mr McGrath driving “Gore Bay” racing towards the rear of the field in the 3 wide position. He said from the top of the straight Mr McGrath used his whip 13 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Renault said Mr McGrath had a clear record in relation to this Rule. He said the starting point for a first breach was a fine of $200 and it was the RIU’s submission that a fine of that amount was an appropriate penalty.
reasonsforpenalty:
The Committee has reviewed the film of the final 400m of the Race. Mr McGrath has used his whip in a striking motion 13 times. That number of strikes means we classify the severity of the breach in the low-range. The Committee notes this is Mr McGraths first breach in contravention of the Use of Whip Regulations. The starting point penalty for today’s low-range breach is a fine of $200 which the Committee considers to be mitigation inclusive. Taking into account all of the above we consider that level of fine is an appropriate penalty on this occasion.
penalty:
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr N McGrath - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e93b82c5997562629dc5e44a12cfed1f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d648cb8141aa25f37e13f2898e28f51
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2019
meet_title: Marlborough HRC - 20 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: DAnderson
meet_pm2: none
name: Marlborough HRC