Waikato BOP H 12 January 2019 – R 3 – Chair, Mr A Godsalve
ID: JCA15143
Meet Title:
Harness Racing Waikato - 12 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/01/12
Race Number:
R 3
Decision:
As Mr MacKinnon has admitted the breach, we find the charge proved.
Penalty:
The Committee imposed a fine of $200 on Mr MacKinnon.
Facts:
This charge results from the running of Race 3, the Anderson Street Panel & Paint Ltd Mbl Pace 2100m. Mr Mulcay alleged that Junior Driver, Mr J MacKinnon 'used his whip on more than the permissible number of occasions over the final 400 metres when driving TEMPO ROSE'.
Mr MacKinnon 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) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations provide that 'No horseman is permitted to use their whip in a striking motion on more than ten occasions inside 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 TEMPO ROSE as the horse neared the 300 metres mark. From there until the finish Mr Mulcay pointed out that Mr MacKinnon had used his whip on the horse 13 times.
TEMPO ROSE finished 3rd.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is 11-13, and where the respondent has not breached the Rule within the previous 6 months.
Reasons for Penalty:
We find no compelling reason to vary from the amount of $200 as provided in the JCA Penalty Guide. The number of strikes was between 11-13, and Mr MacKinnon has not breached the Rule within the previous 6 months.
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: 6f6eee5c8e71f2174794977d02dfc8cf
informantnumber: A10580
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 14/01/2019
hearing_title: Waikato BOP H 12 January 2019 - R 3 - Chair, Mr A Godsalve
charge:
facts:
This charge results from the running of Race 3, the Anderson Street Panel & Paint Ltd Mbl Pace 2100m. Mr Mulcay alleged that Junior Driver, Mr J MacKinnon 'used his whip on more than the permissible number of occasions over the final 400 metres when driving TEMPO ROSE'.
Mr MacKinnon 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) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations provide that 'No horseman is permitted to use their whip in a striking motion on more than ten occasions inside 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 TEMPO ROSE as the horse neared the 300 metres mark. From there until the finish Mr Mulcay pointed out that Mr MacKinnon had used his whip on the horse 13 times.
TEMPO ROSE finished 3rd.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr MacKinnon has admitted the breach, we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is 11-13, and where the respondent has not breached the Rule within the previous 6 months.
reasonsforpenalty:
We find no compelling reason to vary from the amount of $200 as provided in the JCA Penalty Guide. The number of strikes was between 11-13, and Mr MacKinnon has not breached the Rule within the previous 6 months.
penalty:
The Committee imposed a fine of $200 on Mr MacKinnon.
hearing_type: Hearing
Rules: 869(2) adn Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J MacKinnon - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 66c4e3d1f75bbab657f95e72112bf0bd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f63898cd8500b302cc2384e0892e6f1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2019
meet_title: Harness Racing Waikato - 12 January 2019
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