Waikato BOP H 11 January 2020 – R 3 – Chair, Mr G Jones
ID: JCA15174
Meet Title:
Harness Racing Waikato - 11 January 2020
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2020/01/11
Race Number:
R3
Decision:
As Mr Drake admitted the breach the Committee found the charge proved.
Penalty:
The Committee imposes a fine of $300 on Mr Drake.
Facts:
Following the running of Race 3 the Patrons Mobile Pace 2700m, an Information was filed by Senior Stipendiary Steward, Mr J Muirhead. He alleged that Junior Driver, Mr A Drake, breached Rule 869(2) in that he used his whip on more occasions then permitted under clause (b) of the Use of Whip Regulations, over the final 400 metres.
Rule 869(2) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Drake admitted the breach and was assisted at the hearing by Senior Horseman, Mr Z Butcher.
Senior Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He showed that at the 400 metre mark VANHALEM (Mr A Drake) was racing in 2nd last place. He identified that Mr Drake used his whip on 15 occasions from the 400 metres until the finish line.
Mr Drake accepted that he used his whip on 15 occasions.
Mr Butcher said that it was a “silly” mistake on Mr Drake’s part.
Submissions for Penalty:
Mr Muirhead submitted that Mr Drake has a clear record in terms of this Rule. He said the JCA Penalty Guide provided a $300 fine for a first offence of between 14 and 16 strikes.
Mr Muirhead submitted that this was a mid-range breach and a fine of $300 would be appropriate in the circumstances.
Mr Drake accepted that a fine of $300 would be imposed.
Mr Butcher had nothing to add regarding penalty.
Reasons for Penalty:
The JCA Penalty Guidelines for a 1st breach of the Use of Whip Regulations establish starting points, on a graduated scale. These are based on the number of strikes as follows:
11 - 13 strikes $200
14 - 16 strikes $300
17 - strikes and over $500
The Committee has reviewed the video footage of the final 400 metres of the race. It was evidently clear that Mr Drake used his whip 15 times and we noted that the strikes were not particularly forceful.
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: 7244e7356c39ed1d8fb2e2ef08c05409
informantnumber: A12233
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 11/01/2020
hearing_title: Waikato BOP H 11 January 2020 – R 3 – Chair, Mr G Jones
charge:
facts:
Following the running of Race 3 the Patrons Mobile Pace 2700m, an Information was filed by Senior Stipendiary Steward, Mr J Muirhead. He alleged that Junior Driver, Mr A Drake, breached Rule 869(2) in that he used his whip on more occasions then permitted under clause (b) of the Use of Whip Regulations, over the final 400 metres.
Rule 869(2) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Drake admitted the breach and was assisted at the hearing by Senior Horseman, Mr Z Butcher.
Senior Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He showed that at the 400 metre mark VANHALEM (Mr A Drake) was racing in 2nd last place. He identified that Mr Drake used his whip on 15 occasions from the 400 metres until the finish line.
Mr Drake accepted that he used his whip on 15 occasions.
Mr Butcher said that it was a “silly” mistake on Mr Drake’s part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Drake admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Muirhead submitted that Mr Drake has a clear record in terms of this Rule. He said the JCA Penalty Guide provided a $300 fine for a first offence of between 14 and 16 strikes.
Mr Muirhead submitted that this was a mid-range breach and a fine of $300 would be appropriate in the circumstances.
Mr Drake accepted that a fine of $300 would be imposed.
Mr Butcher had nothing to add regarding penalty.
reasonsforpenalty:
The JCA Penalty Guidelines for a 1st breach of the Use of Whip Regulations establish starting points, on a graduated scale. These are based on the number of strikes as follows:
11 - 13 strikes $200
14 - 16 strikes $300
17 - strikes and over $500
The Committee has reviewed the video footage of the final 400 metres of the race. It was evidently clear that Mr Drake used his whip 15 times and we noted that the strikes were not particularly forceful.
penalty:
The Committee imposes a fine of $300 on Mr Drake.
hearing_type: Hearing
Rules: 869(2)and Whip Regulations (b)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr A Drake - Junior Horseman
Otherperson: Mr Z Butcher - supporting Mr Drake
PersonPresent:
Respondent:
StipendSteward:
raceid: f6c7e31d685b3d1e4a00fb9a0d033ae2
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: 1c87a99a93683fce2cf90d74b39933ca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/01/2020
meet_title: Harness Racing Waikato - 11 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato