Waikato BOP H 26 January 2020 – R 3 – Chair, Mr A Godsalve
ID: JCA15403
Meet Title:
Harness Racing Waikato - 26 January 2020
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2020/01/26
Race Number:
R3
Decision:
As the breach is admitted the charge is proved.
Penalty:
The Committee imposed a fine of $200 on Mr Delany. We advised Mr Delany that some of the strikes were quite forceful and that he needed to modify the manner in which he used his whip.
Facts:
This charge follows the running of race 3 at Rotorua on 26 January 2020.
Mr Mr Mulcay lodged an Information alleging that Junior Driver Mr N Delany 'when driving JACKHAMMER JOE' in breach of the Use of The Whip Regulations used his whip on more occasions than permitted over the final 400 metres'.
Mr Delany, assisted by Senior Horseman Mr S Phelan was present at the hearing and acknowledged that:
(a) He understood the Rule and Regulations, and that
(b) He admitted the breach
Using the films Mr Mulcay identified JACKHAMMER JOE as the field entered the home straight. The horse was in a 3 wide position challenging for the lead. From that point until the finish Mr Delany struck the horse 12 times with his whip. JACKHAMMER JOE finished 2nd.
Mr Delany agreed with Mr Mulcay that he had used his whip excessively.
Submissions for Penalty:
Mr Mulcay submitted that as Mr Delany had a clear record under these Rules, and had admitted the breach, that the matter could be dealt with by way of a fine as per the JCA Guidelines.
Mr Delany had nothing to add.
Reasons for Penalty:
The Guidelines pursuant to Rule 869(2) provide that:
'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Mr Delany has admitted the breach. He has no prior breaches. The JCA Guidelines provide that where the number of strikes is between 11-13 a fine of $200 is the penalty.
We find no reasons to vary from that Guideline.
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: 8e38fa1349252fb81ec1c8228c1eb610
informantnumber: A10331
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip
plea: admitted
penaltyrequired: 1
decisiondate: 28/01/2020
hearing_title: Waikato BOP H 26 January 2020 - R 3 - Chair, Mr A Godsalve
charge:
facts:
This charge follows the running of race 3 at Rotorua on 26 January 2020.
Mr Mr Mulcay lodged an Information alleging that Junior Driver Mr N Delany 'when driving JACKHAMMER JOE' in breach of the Use of The Whip Regulations used his whip on more occasions than permitted over the final 400 metres'.
Mr Delany, assisted by Senior Horseman Mr S Phelan was present at the hearing and acknowledged that:
(a) He understood the Rule and Regulations, and that
(b) He admitted the breach
Using the films Mr Mulcay identified JACKHAMMER JOE as the field entered the home straight. The horse was in a 3 wide position challenging for the lead. From that point until the finish Mr Delany struck the horse 12 times with his whip. JACKHAMMER JOE finished 2nd.
Mr Delany agreed with Mr Mulcay that he had used his whip excessively.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach is admitted the charge is proved.
sumissionsforpenalty:
Mr Mulcay submitted that as Mr Delany had a clear record under these Rules, and had admitted the breach, that the matter could be dealt with by way of a fine as per the JCA Guidelines.
Mr Delany had nothing to add.
reasonsforpenalty:
The Guidelines pursuant to Rule 869(2) provide that:
'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Mr Delany has admitted the breach. He has no prior breaches. The JCA Guidelines provide that where the number of strikes is between 11-13 a fine of $200 is the penalty.
We find no reasons to vary from that Guideline.
penalty:
The Committee imposed a fine of $200 on Mr Delany. We advised Mr Delany that some of the strikes were quite forceful and that he needed to modify the manner in which he used his whip.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay
JockeysandTrainer: Mr N Delany - Junior Driver
Otherperson: Mr S Phelan, Senior Horseman assisting Mr Delany
PersonPresent:
Respondent:
StipendSteward:
raceid: 5795a1e5c4ca5537212720da9e6b3d5d
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: eee7affe7cdcc1cda79f2a1ead01cb1a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2020
meet_title: Harness Racing Waikato - 26 January 2020
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