Banks Peninsula TC 29 January 2017 – R 2 – Chair, Mr R McKenzie
ID: JCA14523
Meet Title:
Banks Peninsula TC - 29 January 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/01/29
Race Number:
R2
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
Penalty:
Mr O’Reilly was fined the sum of $350.
Facts:
Following the running of Race 2, Dakins Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G D O’Reilly, alleging that Mr O’Reilly, as the driver of THE NEW MAN in the race, “used his whip in an excessive manner over the concluding stages”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault confirmed to the Committee that Mr O’Reilly did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed a video replay of the final stages of the race. As the field approached the home turn, THE NEW MAN, driven by Mr O’Reilly, was racing about 5th in the one-out, one-back position. Another runner improved around the outside of Mr O’Reilly as the field turned for home. Mr O’Reilly then eased his horse out to come out and around that runner. From that point, Mr Renault alleged, Mr O’Reilly used his whip 16 times, free of the rein. The alleged count was supported by the video replay. The Committee noted that THE NEW MAN finished in 2nd placing, beaten by a short head.
Submissions for Penalty:
Mr Renault said the Mr O’Reilly had an “excellent record”, having had 183 drives in the current season and 293 drives in the 2015/2016 season, with no breaches in that time. He submitted that Mr O’Reilly should receive some discount for that record and his admission of the breach. However, he submitted, it was an aggravating factor that Mr O’Reilly had used the whip 16 times free of the rein – six over the maximum allowable number under the Guidelines. Having regard to Mr O’Reilly’s record and his admission of the breach, but taking into account that aggravating factor, Mr Renault submitted that an appropriate penalty was a fine of between $300 and $350.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. We agreed that the number of strikes was an aggravating factor, warranting an uplift in the starting point, which we assessed at $100. Mitigating factors were Mr O’Reilly’s admission of the breach and his driving record, described by Mr Renault as “excellent” The Committee was satisfied that the former deserved a discount of $100 and that Mr O’Reilly’s record, which we agreed was excellent, warranted a larger than usual discount in this case in the sum of $150.
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: 8e12a0cb926d0bd78a02b2522230c783
informantnumber: A6275
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2017
hearing_title: Banks Peninsula TC 29 January 2017 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Dakins Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G D O’Reilly, alleging that Mr O’Reilly, as the driver of THE NEW MAN in the race, “used his whip in an excessive manner over the concluding stages”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault confirmed to the Committee that Mr O’Reilly did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed a video replay of the final stages of the race. As the field approached the home turn, THE NEW MAN, driven by Mr O’Reilly, was racing about 5th in the one-out, one-back position. Another runner improved around the outside of Mr O’Reilly as the field turned for home. Mr O’Reilly then eased his horse out to come out and around that runner. From that point, Mr Renault alleged, Mr O’Reilly used his whip 16 times, free of the rein. The alleged count was supported by the video replay. The Committee noted that THE NEW MAN finished in 2nd placing, beaten by a short head.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said the Mr O’Reilly had an “excellent record”, having had 183 drives in the current season and 293 drives in the 2015/2016 season, with no breaches in that time. He submitted that Mr O’Reilly should receive some discount for that record and his admission of the breach. However, he submitted, it was an aggravating factor that Mr O’Reilly had used the whip 16 times free of the rein – six over the maximum allowable number under the Guidelines. Having regard to Mr O’Reilly’s record and his admission of the breach, but taking into account that aggravating factor, Mr Renault submitted that an appropriate penalty was a fine of between $300 and $350.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. We agreed that the number of strikes was an aggravating factor, warranting an uplift in the starting point, which we assessed at $100. Mitigating factors were Mr O’Reilly’s admission of the breach and his driving record, described by Mr Renault as “excellent” The Committee was satisfied that the former deserved a discount of $100 and that Mr O’Reilly’s record, which we agreed was excellent, warranted a larger than usual discount in this case in the sum of $150.
penalty:
Mr O’Reilly was fined the sum of $350.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: G D O'Reilly, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4d6aef0b1b3e53f7c49264d3bb79f93b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0281723f7b7a6434f639873ef418cd7a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2017
meet_title: Banks Peninsula TC - 29 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC