Waikato BOP H 24 January 2019 – R 1 – Chair, Mr A Godsalve
ID: JCA14858
Meet Title:
Harness Racing Waikato - 24 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2019/01/24
Race Number:
R1
Decision:
As Mr Brownlee has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $300 on Mr Brownlee.
Facts:
This charge followed the running of Race 1, the Last Outdoor Screening This Saturday Mobile Pace 1700 metres. Mr Mulcay submitted an Information alleging that Amateur Horseman Mr J Brownlee (driving LOUD AN PROUD) used his whip on more occasions than permitted over the final 400 metres'.
Mr Brownlee endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to present at the hearing.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations state: No horseman is permitted to use their whip in a striking motion on more than 10 occasions within the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Using the films Mr Mulcay identified the horse LOUD AN PROUD driven by Mr Brownlee as the field neared the 400 metres mark. LOUD AN PROUD had been in a trailing position on the fence and Mr Brownlee activated the deafeners as the horse entered the home straight. From that position until the finish Mr Mulcay said that Mr Brownlee struck the horse 15 times with his whip in contravention of the Rule and Regulations. Mr Mulcay added that Mr Brownlee had viewed the film with the Stewards and agreed that he had struck the horse 15 times and endorsed the Information to that effect.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $300 where the respondent has not breached the Rule within the previous 6 months, and where the number of strikes is between 14-16.
Reasons for Penalty:
The Committee confirmed that Mr Brownlee had not breached this Rule in the previous 6 months, and that where the number of strikes were between 14-16 a fine of $300 was the appropriate penalty.
The Committee found no reason to deviate from the penalty suggested within the JCA Penalty Guide.
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: 84c240504ff08bd191795015fc6ddbc1
informantnumber: A10576
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 24/01/2019
hearing_title: Waikato BOP H 24 January 2019 - R 1 - Chair, Mr A Godsalve
charge:
facts:
This charge followed the running of Race 1, the Last Outdoor Screening This Saturday Mobile Pace 1700 metres. Mr Mulcay submitted an Information alleging that Amateur Horseman Mr J Brownlee (driving LOUD AN PROUD) used his whip on more occasions than permitted over the final 400 metres'.
Mr Brownlee endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to present at the hearing.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations state: No horseman is permitted to use their whip in a striking motion on more than 10 occasions within the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Using the films Mr Mulcay identified the horse LOUD AN PROUD driven by Mr Brownlee as the field neared the 400 metres mark. LOUD AN PROUD had been in a trailing position on the fence and Mr Brownlee activated the deafeners as the horse entered the home straight. From that position until the finish Mr Mulcay said that Mr Brownlee struck the horse 15 times with his whip in contravention of the Rule and Regulations. Mr Mulcay added that Mr Brownlee had viewed the film with the Stewards and agreed that he had struck the horse 15 times and endorsed the Information to that effect.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Brownlee has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $300 where the respondent has not breached the Rule within the previous 6 months, and where the number of strikes is between 14-16.
reasonsforpenalty:
The Committee confirmed that Mr Brownlee had not breached this Rule in the previous 6 months, and that where the number of strikes were between 14-16 a fine of $300 was the appropriate penalty.
The Committee found no reason to deviate from the penalty suggested within the JCA Penalty Guide.
penalty:
Accordingly the Committee imposed a fine of $300 on Mr Brownlee.
hearing_type: Hearing
Rules: Rule 869(2), Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Brownlee-Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9bf57add9f70f8977356c21fac0fd902
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: 3772232032504cca622c4eaa94584aeb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2019
meet_title: Harness Racing Waikato - 24 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato