Auckland TC 8 June 2018 – R 5 – Chair, Mr A Godsalve
ID: JCA15250
Meet Title:
Auckland TC - 8 June 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/06/08
Race Number:
R5
Decision:
As Mr Noakes has admitted the breach we find the charge proved.
Penalty:
According the Committee imposed a fine of $200 on Mr Noakes.
Facts:
Following the running of Race 5, the Sims Pacific Metals Handicap Trot 2200m, an Information was lodged by Mr Muirhead in which he alleged that Graduation Horseman, Mr G Noakes had used his whip in breach of the Whip Regulations driving COOL SON.
Mr Noakes was present at the hearing and indicated to the Committee that:
(a) he understood the Rule and Regulations, and
(b) he admitted the breach.
Rule 869(2) provides that 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Use of the whip Regulations (b) state 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 Muirhead identified COOL SON as the field entered the home straight. The horse was leading the field, and was being challenged as it progressed up the straight. Mr Noakes began striking the horse with his whip, and by the time the horses had reached the finish he had struck COOL SON 12 times. COOL SON eventually finished in 3rd place.
Mr Noakes agreed with Mr Muirhead that he had struck the horse 12 times. He did not have any further comment.
Submissions for Penalty:
Mr Muirhead referred to the Guidelines which show a breach of the Rule and Regulations involving 12 strikes had a starting point of a $200 fine. He said Mr Noakes had not had any prior breaches involving the use of his whip and that he had admitted this breach.
Mr Noakes said he initially believed he could ask for a suspension instead of a fine, however had concluded that a fine was an an appropriate penalty.
Reasons for Penalty:
The Committee confirmed that Mr Noakes did not have any prior breaches of this Rule within the past 6 months. The Guidelines show a starting point of a fine of $200 where the number of strikes involved is between 11-13, as in this case. We did not believe there were any circumstances which would suggest to us that an uplift on the starting point was required.
We informed Mr Noakes that for a first breach of this Rule, a suspension of the offending drivers license was not an option unless extenuating circumstances were present.
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: 7b5d2f36771514523f377bf0c32de0b2
informantnumber: A10303
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 08/06/2018
hearing_title: Auckland TC 8 June 2018 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the Sims Pacific Metals Handicap Trot 2200m, an Information was lodged by Mr Muirhead in which he alleged that Graduation Horseman, Mr G Noakes had used his whip in breach of the Whip Regulations driving COOL SON.
Mr Noakes was present at the hearing and indicated to the Committee that:
(a) he understood the Rule and Regulations, and
(b) he admitted the breach.
Rule 869(2) provides that 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Use of the whip Regulations (b) state 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 Muirhead identified COOL SON as the field entered the home straight. The horse was leading the field, and was being challenged as it progressed up the straight. Mr Noakes began striking the horse with his whip, and by the time the horses had reached the finish he had struck COOL SON 12 times. COOL SON eventually finished in 3rd place.
Mr Noakes agreed with Mr Muirhead that he had struck the horse 12 times. He did not have any further comment.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Noakes has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the Guidelines which show a breach of the Rule and Regulations involving 12 strikes had a starting point of a $200 fine. He said Mr Noakes had not had any prior breaches involving the use of his whip and that he had admitted this breach.
Mr Noakes said he initially believed he could ask for a suspension instead of a fine, however had concluded that a fine was an an appropriate penalty.
reasonsforpenalty:
The Committee confirmed that Mr Noakes did not have any prior breaches of this Rule within the past 6 months. The Guidelines show a starting point of a fine of $200 where the number of strikes involved is between 11-13, as in this case. We did not believe there were any circumstances which would suggest to us that an uplift on the starting point was required.
We informed Mr Noakes that for a first breach of this Rule, a suspension of the offending drivers license was not an option unless extenuating circumstances were present.
penalty:
According the Committee imposed a fine of $200 on Mr Noakes.
hearing_type: Hearing
Rules: Rule 869(2), Use of whip Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr G Noakes - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2b86ff30422aba41a90c6ed4e0a44c1f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c9e9155022ff8a8a80e50a874686166c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/06/2018
meet_title: Auckland TC - 8 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC