Waikato BOP H 18 April 2019 – R 1 – Chair, Mr B J Scott
ID: JCA15366
Meet Title:
Harness Racing Waikato - 18 April 2019
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2019/04/18
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
The Committee imposes a fine of $300 on Mr Marshall.
Facts:
Following the running of the LADS NIGHT AT THE RACES 16TH MAY HANDICAP TROT an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Open Horseman, Mr K Marshall alleging that Mr Marshall breached clause (e) of the Use of Whip Regulations when he used his whip on LUKYANOVA after the finishing post.
Rule 869(2) provides : 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.
Clause (e) of the Use of the Whip Regulations provides : No horseman shall use their whip after the finishing post.
Mr Marshall signed the Information admitting the Breach and advised that he did not wish to be present at the Hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where LUKYANOVA broke about 100 metres from the finish and shortly after the finish Mr Marshall struck his horse with the whip. He identified at least one strike but did say that there could have been more than one but he could not be certain because the horse had gone out of picture shot.
Submissions for Penalty:
Mr Mulcay stated that clause (e) of the Regulations provides for a starting point penalty of a fine of $300. He also said that Mr Marshall had a clear record under this Regulation and that he admitted the breach.
Reasons for Penalty:
At least one strike is shown on the race films and as far as this Committee is concerned hitting a beaten horse after the winning post is one strike too many. It is unnecessary use of the whip and in terms of public perception it is not a good look. Mr Marshall has admitted the breach but that was inevitable given the film evidence. The Committee finds that there are no compelling reasons to deviate from the starting point penalty.
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: 8a0d469d0c1bb2b98ad8eec0e234831c
informantnumber: A10598
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Use of Whip after the Finishing Post
plea: admitted
penaltyrequired: 1
decisiondate: 20/04/2019
hearing_title: Waikato BOP H 18 April 2019 - R 1 - Chair, Mr B J Scott
charge:
facts:
Following the running of the LADS NIGHT AT THE RACES 16TH MAY HANDICAP TROT an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Open Horseman, Mr K Marshall alleging that Mr Marshall breached clause (e) of the Use of Whip Regulations when he used his whip on LUKYANOVA after the finishing post.
Rule 869(2) provides : 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.
Clause (e) of the Use of the Whip Regulations provides : No horseman shall use their whip after the finishing post.
Mr Marshall signed the Information admitting the Breach and advised that he did not wish to be present at the Hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where LUKYANOVA broke about 100 metres from the finish and shortly after the finish Mr Marshall struck his horse with the whip. He identified at least one strike but did say that there could have been more than one but he could not be certain because the horse had gone out of picture shot.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Mulcay stated that clause (e) of the Regulations provides for a starting point penalty of a fine of $300. He also said that Mr Marshall had a clear record under this Regulation and that he admitted the breach.
reasonsforpenalty:
At least one strike is shown on the race films and as far as this Committee is concerned hitting a beaten horse after the winning post is one strike too many. It is unnecessary use of the whip and in terms of public perception it is not a good look. Mr Marshall has admitted the breach but that was inevitable given the film evidence. The Committee finds that there are no compelling reasons to deviate from the starting point penalty.
penalty:
The Committee imposes a fine of $300 on Mr Marshall.
hearing_type: Hearing
Rules: Rule 869(2) and Clause (e) of the Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr K Marshall - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ff50c25262ff7b40fa36bf60bbd5309f
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: 6f8edfc464c6b71f73e3b026079871dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/04/2019
meet_title: Harness Racing Waikato - 18 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato