Auckland TC 1 July 2016 – R 9 – Chair, Mr B Scott
ID: JCA14012
Meet Title:
Auckland TC - 1 July 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/07/01
Race Number:
R9
Decision:
The Charge is admitted and is therefore upheld.
Penalty:
The Committee fines Mr Dickie $400.00.
Facts:
Following the running of the ALABAR GRASS TRACK GRADUATE SERIES MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr JI Dickie alleging that Mr Dickie had used his whip excessively when driving JOANEDNOBETTOR over the final stages of the race.
Rule 869(2)(a) provides among other things that during a race no Horseman shall use his whip excessively.
Mr Dickie was present at the Hearing and acknowledged that he understood the Rule and that he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed where turning for home and in the straight Mr Dickie had struck his horse 23 times with the whip. He said that the films showed that there was no respite and that Mr Dickie's use of the whip was outside the guidelines.
Mr Dickie for his part said that the incident was pretty black and white as shown by the films and he couldn't argue with the evidence.
Submissions for Penalty:
Mr Muirhead said that the number of strikes and the use of the whip was not only outside the Guidelines but also that the incident was in the medium to high range of seriousness.
He said that the JCA Guidelines provide for a starting point penalty of a fine of $500.00 or a suspension of Licence for 2 days.
He said that in mitigation Mr Dickie has admitted the breach and has been straightforward in dealing with the Stewards and that he has a very good record.
Mr Dickie said that he would prefer a fine rather than a suspension.
Reasons for Penalty:
In assessing penalty we have taken into account the evidence and particularly the film evidence. The whip has clearly been used by Mr Dickie at least 23 times and there appeared to be no let up down the straight. We are concerned about that and the number of strikes. We agree with Mr Muirhead's assessment of the seriousness of this incident.
We have given Mr Dickie credit for has admission of the breach and his good record.
We have looked at the starting point penalties in the JCA Guidelines and we are going to impose a fine but believe that the starting point for a fine could be closer to $600.00 rather than $500.00.
Mr Dickie is a busy Driver and therefore his good record (which we have taken into account) does have some meaning.
We believe that a fine in the range of $400.00 is appropriate.
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: 8c3693d93f222492aec32d426396f030
informantnumber: A7450
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/07/2016
hearing_title: Auckland TC 1 July 2016 - R 9 - Chair, Mr B Scott
charge:
facts:
Following the running of the ALABAR GRASS TRACK GRADUATE SERIES MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr JI Dickie alleging that Mr Dickie had used his whip excessively when driving JOANEDNOBETTOR over the final stages of the race.
Rule 869(2)(a) provides among other things that during a race no Horseman shall use his whip excessively.
Mr Dickie was present at the Hearing and acknowledged that he understood the Rule and that he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed where turning for home and in the straight Mr Dickie had struck his horse 23 times with the whip. He said that the films showed that there was no respite and that Mr Dickie's use of the whip was outside the guidelines.
Mr Dickie for his part said that the incident was pretty black and white as shown by the films and he couldn't argue with the evidence.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge is admitted and is therefore upheld.
sumissionsforpenalty:
Mr Muirhead said that the number of strikes and the use of the whip was not only outside the Guidelines but also that the incident was in the medium to high range of seriousness.
He said that the JCA Guidelines provide for a starting point penalty of a fine of $500.00 or a suspension of Licence for 2 days.
He said that in mitigation Mr Dickie has admitted the breach and has been straightforward in dealing with the Stewards and that he has a very good record.
Mr Dickie said that he would prefer a fine rather than a suspension.
reasonsforpenalty:
In assessing penalty we have taken into account the evidence and particularly the film evidence. The whip has clearly been used by Mr Dickie at least 23 times and there appeared to be no let up down the straight. We are concerned about that and the number of strikes. We agree with Mr Muirhead's assessment of the seriousness of this incident.
We have given Mr Dickie credit for has admission of the breach and his good record.
We have looked at the starting point penalties in the JCA Guidelines and we are going to impose a fine but believe that the starting point for a fine could be closer to $600.00 rather than $500.00.
Mr Dickie is a busy Driver and therefore his good record (which we have taken into account) does have some meaning.
We believe that a fine in the range of $400.00 is appropriate.
penalty:
The Committee fines Mr Dickie $400.00.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J I Dickie - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 633b916a14291f96115b4a09376000ce
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: 36f7a810bb274bc8d841472fb87c62db
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/07/2016
meet_title: Auckland TC - 1 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC