Archive Decision

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Waikouaiti TC 24 February 2019 – R 5 – Chair, Mr P Knowles

ID: JCA14319

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr M Howard - Open Horseman

Information Number:
A12478

Hearing Type:
Hearing

New Charge:
869 (2) & clause (b) Whip Regulations

Rules:
Excessive use whip

Plea:
admitted

Meet Title:
Waikouaiti HRC - 24 February 2019

Meet Chair:
PKnowles

Meet Committee Member 1:
MConway

Race Date:
2019/02/24

Race Number:
R3

Decision:

Mr Howard admitted the charge and it is found proved.

Penalty:

Mr Howard is fined $500.

Facts:

Following the running of race 5 the Centre City New World/Dynes Transport Mobile Pace Stewards charge Mr M Howard with a breach of r 869 (2) & Whip Regulation (b), excessive use of the whip. The Information alleged that Mr Howard … used his whip outside of clause (b) of the Whip Regulations.”

Rule 869 (2) reads:

No horseman shall during any race use a whip in a manner in contravention of the Whip Regulations made by the board.

Whip Regulation (b) reads:

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.

Mr Howard admitted the charge but did not attend the hearing.

Mr Munro, with the aid of the video replay, pointed out the position of FOR THE KITTY at the top of the home straight. He said Mr Howard used his whip in his hand, with rein, 6 times followed by 2 strikes free of the rein. There was a pause for several strides before he used his whip 5 times free of the rein, followed by 8 backhanders and then 4 strikes free of the rein. He said the backhanders were taps and not deemed to be strikes. However, the total number of strikes was 17 which was at the high end of the excessive use regulation.

Submissions for Penalty:

Mr Munro stated that Mr Howard had admitted the breach at the outset. He’d had 537 drives lifetime but only five drives in the past four years. His use of the whip was in the top end bracket and he sought a fine of $500.

Mr Howard made no specific submissions on penalty when spoken to by the Stewards. 

Reasons for Penalty:

While Mr Howard has a clear record under this rule his use of the whip in this instance is at the top end. The committee can find no mitigating factors which warrant any credit.

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: 747e9c9632987ac3740f8fa00908aa5e


informantnumber: A12478


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (2) & clause (b) Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 27/02/2019


hearing_title: Waikouaiti TC 24 February 2019 - R 5 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 5 the Centre City New World/Dynes Transport Mobile Pace Stewards charge Mr M Howard with a breach of r 869 (2) & Whip Regulation (b), excessive use of the whip. The Information alleged that Mr Howard … used his whip outside of clause (b) of the Whip Regulations.”

Rule 869 (2) reads:

No horseman shall during any race use a whip in a manner in contravention of the Whip Regulations made by the board.

Whip Regulation (b) reads:

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.

Mr Howard admitted the charge but did not attend the hearing.

Mr Munro, with the aid of the video replay, pointed out the position of FOR THE KITTY at the top of the home straight. He said Mr Howard used his whip in his hand, with rein, 6 times followed by 2 strikes free of the rein. There was a pause for several strides before he used his whip 5 times free of the rein, followed by 8 backhanders and then 4 strikes free of the rein. He said the backhanders were taps and not deemed to be strikes. However, the total number of strikes was 17 which was at the high end of the excessive use regulation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Howard admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Munro stated that Mr Howard had admitted the breach at the outset. He’d had 537 drives lifetime but only five drives in the past four years. His use of the whip was in the top end bracket and he sought a fine of $500.

Mr Howard made no specific submissions on penalty when spoken to by the Stewards. 


reasonsforpenalty:

While Mr Howard has a clear record under this rule his use of the whip in this instance is at the top end. The committee can find no mitigating factors which warrant any credit.


penalty:

Mr Howard is fined $500.


hearing_type: Hearing


Rules: Excessive use whip


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr M Howard - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 86462e24da0a7f405569c52fcb9169b8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 26f08c629e5258cad9e6003bca21533a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2019


meet_title: Waikouaiti HRC - 24 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: MConway


meet_pm2: none


name: Waikouaiti HRC