Waikato BOP H 6 December 2017 – R 2 – Chair, Mr A Godsalve
ID: JCA13243
Meet Title:
Harness Racing Waikato - 6 December 2017
Meet Chair:
AGodsalve
Race Date:
2017/12/06
Race Number:
R2
Decision:
Mr Mitchell has admitted the breach and the charge is therefore proved.
Penalty:
A fine of $200 was imposed on Mr Mitchell.
Facts:
Following the running of Race 2, the PILOT BREWERY MOBILE PACE 2200m, Mr Mulcay produced an Information alleging that Open Horseman Mr T Mitchell, driving TRINITY BROMAC had used his whip in a striking motion in excess of 10 times inside the final 400m.
Mr Mitchell endorsed the Information to the effect that 'I do not wish to attend', and indicated 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 Use of the Whip Regulations state that 'No horseman is permitted to use their whip in a striking motion on more than 10 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 Mr Mitchell, driving TRINITY BROMAC, as the field entered the final straight. TRINITY BROMAC was trailing the leading horse, and Mr Mitchell angled the horse out to challenge the leader. During the run up the home straight until the time the horses crossed the finish line Mr Mitchell struck the horse 12 times in contravention of the Use of Whip Regulations. TRINITY BROMAC finished 2nd in the race. Some of the strikes were reasonably forceful.
Submissions for Penalty:
Mr Mulcay referred to the Use of the Whip Regulations which came into force on 1 December 2017. He stated that these Regulations provided a sliding scale with a starting point of a fine of $200 where a driver strikes a horse between 11-13 times. This is Mr Mitchell's first breach of these Regulations since 1 December 2017. Mr Mulcay added that the number of strikes were excessive, and that some were applied with some force, however the Stewards submitted that this did not call for an uplift on the starting point.
Reasons for Penalty:
The sliding scale under the Regulations pursuant to Rule 869(2) provides a fine of $200 where the respondent has not previously breached the Rule, and where the whip use is between 11-13 strikes. The Committee confirmed that the horse was struck 12 times, and that the strikes in the main were not particuarly forceful. However Mr Mitchell has breached the Rule and the Committee considered that a fine of $200 was the appropriate penalty.
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: 568289fcada58c47152e183dc69abe0c
informantnumber: A2636
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 06/12/2017
hearing_title: Waikato BOP H 6 December 2017 - R 2 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 2, the PILOT BREWERY MOBILE PACE 2200m, Mr Mulcay produced an Information alleging that Open Horseman Mr T Mitchell, driving TRINITY BROMAC had used his whip in a striking motion in excess of 10 times inside the final 400m.
Mr Mitchell endorsed the Information to the effect that 'I do not wish to attend', and indicated 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 Use of the Whip Regulations state that 'No horseman is permitted to use their whip in a striking motion on more than 10 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 Mr Mitchell, driving TRINITY BROMAC, as the field entered the final straight. TRINITY BROMAC was trailing the leading horse, and Mr Mitchell angled the horse out to challenge the leader. During the run up the home straight until the time the horses crossed the finish line Mr Mitchell struck the horse 12 times in contravention of the Use of Whip Regulations. TRINITY BROMAC finished 2nd in the race. Some of the strikes were reasonably forceful.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mitchell has admitted the breach and the charge is therefore proved.
sumissionsforpenalty:
Mr Mulcay referred to the Use of the Whip Regulations which came into force on 1 December 2017. He stated that these Regulations provided a sliding scale with a starting point of a fine of $200 where a driver strikes a horse between 11-13 times. This is Mr Mitchell's first breach of these Regulations since 1 December 2017. Mr Mulcay added that the number of strikes were excessive, and that some were applied with some force, however the Stewards submitted that this did not call for an uplift on the starting point.
reasonsforpenalty:
The sliding scale under the Regulations pursuant to Rule 869(2) provides a fine of $200 where the respondent has not previously breached the Rule, and where the whip use is between 11-13 strikes. The Committee confirmed that the horse was struck 12 times, and that the strikes in the main were not particuarly forceful. However Mr Mitchell has breached the Rule and the Committee considered that a fine of $200 was the appropriate penalty.
penalty:
A fine of $200 was imposed on Mr Mitchell.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr T Mitchell-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 957186d71b41bcc4cee3769ca113d153
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf7b0de8a442b8d24853d491a01cabea
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2017
meet_title: Harness Racing Waikato - 6 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato