Oamaru HRC 3 December 2016 – R 9 – Chair, Mr P Knowles
ID: JCA14910
Meet Title:
Oamaru HRC - 3 December 2016
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2016/12/03
Race Number:
R 9
Decision:
After viewing the videos, hearing submissions from both parties and taking into account Mr O'Reilly's guilty plea the charge was upheld.
Penalty:
Mr O’Reilly is fined $200. This penalty should not be seen as setting a precedent for any future offences under the guidelines.
Facts:
Following the running of race 9 the BALLANTYNE’S SHOWCASE JEWELLERS PACE Stewards charged Mr L O’Reilly with rule 869 (2) (a) alleging that “Mr O’Reilly used his whip in an excessive manner in the home straight” when driving out Uralla Sue.
Rule 869 (2) (a) reads:
No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Following Guidelines Apply To Rule 869 (2) (a)
Stewards deem the “use of the whip” throughout the race as listed below:
· Free of rein
· On the horse itself
· On the sulky or dustsheet
· Back Handers
Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr O’Reilly appeared at the hearing and admitted the breach.
Mr Quirk, with the assistance of the videos, showed the position of Uralla Sue at the top of the straight and the run to the finish. He showed where Mr O’Reilly used his whip on 12 occasions. Mr Quirk also stated that he had reminded all drivers at Addington (previous evening) about the new whip guidelines that came into effect on December 1st.
Mr Renault stated Mr O’Reilly used a combination of striking the sulky, back handers on the horse and strikes free of the rein. He had used his whip on 12 occasions inside the final 200m.
Mr O’Reilly accepted the evidence of the Stewards and the video evidence. He had had one drive at Addington (previous evening) and was aware of the new Whip Guidelines.
Submissions for Penalty:
Mr Renault stated Mr O’Reilly had driven 32 times this season and had driven 210 times last season. He had no previous charges and had an excellent record. The JCA Penalty Guide recommended a starting point of $500 fine or a 10 days suspension. Mr O’Reilly had admitted the breach, had an excellent record and the breach was at the lower end of the scale. He sought a fine of $350.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of $500. However, the committee acknowledges that the HRNZ Whip Guidelines have changed significantly (10 strikes with the whip inside the final 400m) but the JCA Penalty Guidelines for this offence have not. We take a starting point of $400 with the view that this is a first offence under the new whip guidelines. There are no aggravating factors. We give credit for Mr O’Reilly’s guilty plea and his excellent record.
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: 8ac0f00f0fcb1632d032d2c451cbffea
informantnumber: A6263
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/12/2016
hearing_title: Oamaru HRC 3 December 2016 - R 9 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 9 the BALLANTYNE’S SHOWCASE JEWELLERS PACE Stewards charged Mr L O’Reilly with rule 869 (2) (a) alleging that “Mr O’Reilly used his whip in an excessive manner in the home straight” when driving out Uralla Sue.
Rule 869 (2) (a) reads:
No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Following Guidelines Apply To Rule 869 (2) (a)
Stewards deem the “use of the whip” throughout the race as listed below:
· Free of rein
· On the horse itself
· On the sulky or dustsheet
· Back Handers
Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr O’Reilly appeared at the hearing and admitted the breach.
Mr Quirk, with the assistance of the videos, showed the position of Uralla Sue at the top of the straight and the run to the finish. He showed where Mr O’Reilly used his whip on 12 occasions. Mr Quirk also stated that he had reminded all drivers at Addington (previous evening) about the new whip guidelines that came into effect on December 1st.
Mr Renault stated Mr O’Reilly used a combination of striking the sulky, back handers on the horse and strikes free of the rein. He had used his whip on 12 occasions inside the final 200m.
Mr O’Reilly accepted the evidence of the Stewards and the video evidence. He had had one drive at Addington (previous evening) and was aware of the new Whip Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
After viewing the videos, hearing submissions from both parties and taking into account Mr O'Reilly's guilty plea the charge was upheld.
sumissionsforpenalty:
Mr Renault stated Mr O’Reilly had driven 32 times this season and had driven 210 times last season. He had no previous charges and had an excellent record. The JCA Penalty Guide recommended a starting point of $500 fine or a 10 days suspension. Mr O’Reilly had admitted the breach, had an excellent record and the breach was at the lower end of the scale. He sought a fine of $350.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of $500. However, the committee acknowledges that the HRNZ Whip Guidelines have changed significantly (10 strikes with the whip inside the final 400m) but the JCA Penalty Guidelines for this offence have not. We take a starting point of $400 with the view that this is a first offence under the new whip guidelines. There are no aggravating factors. We give credit for Mr O’Reilly’s guilty plea and his excellent record.
penalty:
Mr O’Reilly is fined $200. This penalty should not be seen as setting a precedent for any future offences under the guidelines.
hearing_type: Hearing
Rules: 869 (2) (a)
Informant: Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr L O'Reilly - Senior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d25939c5ddad95a8052965cbf77f979d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7baa39bb24d890193bc8ce6a64419675
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/12/2016
meet_title: Oamaru HRC - 3 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Oamaru HRC