Archive Decision

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Kapiti Coast HRC 4 February 2018 – R 8 – Chair, Mr P Williams

ID: JCA13603

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr R Close - Open Horseman

Other Person:
Mr J Muirhead - Senior Stipendiary Steward

Information Number:
A4464

Hearing Type:
Hearing

New Charge:
Excessive use of Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Kapiti Coast HRC - 4 February 2018

Meet Chair:
PWilliams

Meet Committee Member 1:
TUtikere

Race Date:
2018/02/04

Race Number:
R8

Decision:

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

Penalty:

Mr Close is fined $200.

Facts:

Following the running of Race 8, the “Pat Baker at El Cheapo Cars Mobile Pace”, Information A4464 was filed by Senior Stipendiary Steward Mr S Mulcay against Licensed Open Horseman Mr R Close alleging Mr Close “used his whip in a striking motion in excess of 10 times in the final 400m driving “Possente Cavallo”.

Mr Close 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 head-on film from the top of the home straight Senior Stipendiary Steward Mr Muirhead highlighted Mr Close leading the race. Mr Muirhead said Mr Close struck his horse twice and then after a pause used the whip a further eleven times which was a clear breach of the Rule.

Submissions for Penalty:

Mr Mulcay said Mr Close had previously breached the Rule on 1 October 2017 at Banks Peninsula receiving a 3 days suspension. He added that as this was Mr Close’s first breach of the Rule since the new use of whip guidelines had been introduced on 1 December 2017 a fine of $200 was an appropriate penalty on this occasion.

Reasons for Penalty:

The Committee has reviewed the film of the final 400m of the Race and agrees Mr Close has struck his horse a total of 13 times from the top of the straight to the finish line. The starting point penalty for a first breach of this Rule is a fine of $200. There are no mitigating factors that justify this starting point being reduced or aggravating factors that justify an increase in penalty although we do note Mr Close did win the race.

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: 4c7f2ffe8b7f0026830be65177605f3e


informantnumber: A4464


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/02/2018


hearing_title: Kapiti Coast HRC 4 February 2018 - R 8 - Chair, Mr P Williams


charge:


facts:

Following the running of Race 8, the “Pat Baker at El Cheapo Cars Mobile Pace”, Information A4464 was filed by Senior Stipendiary Steward Mr S Mulcay against Licensed Open Horseman Mr R Close alleging Mr Close “used his whip in a striking motion in excess of 10 times in the final 400m driving “Possente Cavallo”.

Mr Close 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 head-on film from the top of the home straight Senior Stipendiary Steward Mr Muirhead highlighted Mr Close leading the race. Mr Muirhead said Mr Close struck his horse twice and then after a pause used the whip a further eleven times which was a clear breach of the Rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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

sumissionsforpenalty:

Mr Mulcay said Mr Close had previously breached the Rule on 1 October 2017 at Banks Peninsula receiving a 3 days suspension. He added that as this was Mr Close’s first breach of the Rule since the new use of whip guidelines had been introduced on 1 December 2017 a fine of $200 was an appropriate penalty on this occasion.


reasonsforpenalty:

The Committee has reviewed the film of the final 400m of the Race and agrees Mr Close has struck his horse a total of 13 times from the top of the straight to the finish line. The starting point penalty for a first breach of this Rule is a fine of $200. There are no mitigating factors that justify this starting point being reduced or aggravating factors that justify an increase in penalty although we do note Mr Close did win the race.


penalty:

Mr Close is fined $200.

hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr R Close - Open Horseman


Otherperson: Mr J Muirhead - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f3a1264c7bfbfcb40607620f3b8accc3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 22f3d06282d0f30baf006149dbe81408


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/02/2018


meet_title: Kapiti Coast HRC - 4 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kapiti-coast-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: TUtikere


meet_pm2: none


name: Kapiti Coast HRC