Auckland TC 20 July 2018 – R 1 – Chair, Mr A Godsalve
ID: JCA13642
Meet Title:
Auckland TC - 20 July 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2018/07/20
Race Number:
R1
Decision:
As Mr Dickie has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $200 on Mr Dickie.
Facts:
Following the running of Race 1, the Owners Night 10th August @ Alex Park Mobile Pace 2200m an Information was submitted by Mr Mulcay. He alleged that Open Horseman Mr J Dickie, driving MADAME CONNOISTRE had 'breached clause (b) of the Use of the Whip Regulations by using his whip on more than ten occasions in a striking motion inside the final 400 metres.'
Mr Dickie had noted on the Information that:
(a) He admitted the breach and,
(b) He did not wish to be present at the hearing.
Rule 869(2) states '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 (b) provide 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 video films Mr Mulcay identified ' MADAME CONNOISTRE' driven by Mr Dickie. As the field entered the home straight the horse was leading the field. Mr Mulcay pointed out that from there to the finish of the race Mr Dickie struck the horse 11 times with his whip. The horse finished in 2nd placing. Mr Mulcay stated that this whip use was in contravention of the Rules and Regulations.
Mr Dickie was not present at the hearing.
Submissions for Penalty:
Mr Mulcay referred to the HRNZ Regulations which provide a starting point of a fine of $200 for a breach of the Rules where 11-13 strikes are involved. He added that Mr Dickie had admitted the breach at the first opportunity, and that he did not have any breaches of this Rule to take into consideration.
Reasons for Penalty:
The Committee confirmed that the Guidelines issued by Harness Racing New Zealand provide a starting point of a fine of $200 where a breach of this Rule has been admitted. Using a whip between 11-13 times in the final 400 metres of a race where no other extenuating circumstances exist attracts that level of a fine. Mr Dickie has no prior breaches of this Rule recorded against him. He admits the breach.
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: 52d6b84e1449cc86c714ce1842a12117
informantnumber: A10305
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/07/2018
hearing_title: Auckland TC 20 July 2018 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the Owners Night 10th August @ Alex Park Mobile Pace 2200m an Information was submitted by Mr Mulcay. He alleged that Open Horseman Mr J Dickie, driving MADAME CONNOISTRE had 'breached clause (b) of the Use of the Whip Regulations by using his whip on more than ten occasions in a striking motion inside the final 400 metres.'
Mr Dickie had noted on the Information that:
(a) He admitted the breach and,
(b) He did not wish to be present at the hearing.
Rule 869(2) states '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 (b) provide 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 video films Mr Mulcay identified ' MADAME CONNOISTRE' driven by Mr Dickie. As the field entered the home straight the horse was leading the field. Mr Mulcay pointed out that from there to the finish of the race Mr Dickie struck the horse 11 times with his whip. The horse finished in 2nd placing. Mr Mulcay stated that this whip use was in contravention of the Rules and Regulations.
Mr Dickie was not present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dickie has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the HRNZ Regulations which provide a starting point of a fine of $200 for a breach of the Rules where 11-13 strikes are involved. He added that Mr Dickie had admitted the breach at the first opportunity, and that he did not have any breaches of this Rule to take into consideration.
reasonsforpenalty:
The Committee confirmed that the Guidelines issued by Harness Racing New Zealand provide a starting point of a fine of $200 where a breach of this Rule has been admitted. Using a whip between 11-13 times in the final 400 metres of a race where no other extenuating circumstances exist attracts that level of a fine. Mr Dickie has no prior breaches of this Rule recorded against him. He admits the breach.
penalty:
Accordingly the Committee imposed a fine of $200 on Mr Dickie.
hearing_type: Hearing
Rules: Rule 869(2), Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Dickie-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c48cb1698aefbbedf730a2d348e0c039
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1955cccc049e9d4a57c70ea8a1c34575
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/07/2018
meet_title: Auckland TC - 20 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Auckland TC