Waikato BOP H 22 February 2018 – R 7 – Chair, Mr A Godsalve
ID: JCA14296
Meet Title:
Harness Racing Waikato - 22 February 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/02/22
Race Number:
R7
Decision:
As Mr Neal has admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $200 on Mr Neal.
Facts:
Following the running of Race 7, the FLAIR HANDICAP TROT 2200m, Mr Mulcay submitted an Information alleging that Open Horseman Mr A Neal, driving CREDIT MASTER used his whip excessively inside the final 400 metres.
Mr Neal endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to be present at the hearing.
Rule 869(2)(a) provides that '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 Regulations 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 available films Mr Mulcay identified the horse CREDIT MASTER as the field neared the home turn. The horse was in second position, and as it entered the home straight Mr Neal angled it out and struck it with his whip. The horse responded by challenging for the lead. Mr Neal continued to strike the horse until near the finishing post. CREDIT MASTER eventually won the race by a short head. Mr Mulcay added that the Stewards' position was that Mr Neal had used his whip on the horse 12 times in contravention of the Rule.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a $200 fine where the Rule is breached by a driver striking a horse between 11-13 times. He added that Mr Neal had admitted the breach, and that he did not have any prior breaches of this Rule in the preceding 6 months.
Reasons for Penalty:
The Committee confirmed that the starting point in the JCA Guidelines is a fine of $200 where the breach involved 11-13 strikes. We take into account that Mr Neal does not have any prior breaches and that he admits this breach. There are no aggravating circumstances which would call for an uplift on the starting point. The strikes involved where not particularly forceful, however the number of strikes to the horse was excessive.
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: 719992802ca7b006668eba83e22f55d0
informantnumber: A2646
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 22/02/2018
hearing_title: Waikato BOP H 22 February 2018 - R 7 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 7, the FLAIR HANDICAP TROT 2200m, Mr Mulcay submitted an Information alleging that Open Horseman Mr A Neal, driving CREDIT MASTER used his whip excessively inside the final 400 metres.
Mr Neal endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to be present at the hearing.
Rule 869(2)(a) provides that '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 Regulations 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 available films Mr Mulcay identified the horse CREDIT MASTER as the field neared the home turn. The horse was in second position, and as it entered the home straight Mr Neal angled it out and struck it with his whip. The horse responded by challenging for the lead. Mr Neal continued to strike the horse until near the finishing post. CREDIT MASTER eventually won the race by a short head. Mr Mulcay added that the Stewards' position was that Mr Neal had used his whip on the horse 12 times in contravention of the Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Neal has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a $200 fine where the Rule is breached by a driver striking a horse between 11-13 times. He added that Mr Neal had admitted the breach, and that he did not have any prior breaches of this Rule in the preceding 6 months.
reasonsforpenalty:
The Committee confirmed that the starting point in the JCA Guidelines is a fine of $200 where the breach involved 11-13 strikes. We take into account that Mr Neal does not have any prior breaches and that he admits this breach. There are no aggravating circumstances which would call for an uplift on the starting point. The strikes involved where not particularly forceful, however the number of strikes to the horse was excessive.
penalty:
Accordingly we impose a fine of $200 on Mr Neal.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr A Neal-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6df4f2018d85e2bedb41c7f7506ce17c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: af2d25a35847f2612ba38460831b9be0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/02/2018
meet_title: Harness Racing Waikato - 22 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato