Archive Decision

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Waikato BOP H 6 December 2017 – R 9 – Chair, Mr A Godsalve

ID: JCA15688

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr D McGowan-Open Horseman

Information Number:
A2637

Hearing Type:
Hearing

New Charge:
Excess whip use

Rules:
Rule 869(2)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 6 December 2017

Meet Chair:
AGodsalve

Race Date:
2017/12/06

Race Number:
R9

Decision:

As the breach was admitted the Committee found the charge proved.

Penalty:

The Committee therefore imposed a fine of $300 on Mr McGowan.

Facts:

Following the running of Race 9, the HYNDS PIPES SYSTEMS HANDICAP TROT 2200m, an Information was submitted alleging that Open Horseman Mr D McGowan, driving JEWEL OF SHEBAR had used his whip in excess of 10 occasions inside the final 400m. 

Mr McGowan had 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) 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 introduced from 1 December 2017 state 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'.

Using the films, Mr Mulcay identified JEWEL OF SHEBAR as the field neared the home turn. The horse was in a trailing position. Between about the 300m mark and the finish, Mr McGowan struck the horse and/or its sulky 16 times with his whip. Most of the strikes were quite 'light', and some were not much more than 'taps'. Several of the strikes were 'backhanders'. However the horse was challenging - it eventually finished in 3rd position - and the use of the whip was outside the guidelines. Mr McGowan elected not to be present at the hearing, and has admitted the breach.

Submissions for Penalty:

Mr Mulcay referred to the Regulations introduced on 1 December 2017. The sliding scale of penalties for breaches of this Rule refers to occasions when drivers use their whip for between 14-16 strikes. The starting point for this breach is a fine of $300. Mr Mulcay said that the Stewards submitted that they believed this matter did not call for an uplift on the starting point.

Reasons for Penalty:

The Committee confirmed that the starting point for a breach of this Rule when strikes of between 14-16 were involved is a fine of $300. Mr McGowan has not breached this Rule since the new Regulations were introduced on 1 December 2017. The strikes were of no great significance - some were light 'backhanders' and some applied to the sulky. However the number of strikes was outside the Guidelines, and consequently a penalty was required. The Committee felt that a fine of $300 was the appropriate penalty.

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: c382b10ec521e63d0fe48cb6b958e061


informantnumber: A2637


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excess whip use


plea: admitted


penaltyrequired: 1


decisiondate: 06/12/2017


hearing_title: Waikato BOP H 6 December 2017 - R 9 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 9, the HYNDS PIPES SYSTEMS HANDICAP TROT 2200m, an Information was submitted alleging that Open Horseman Mr D McGowan, driving JEWEL OF SHEBAR had used his whip in excess of 10 occasions inside the final 400m. 

Mr McGowan had 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) 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 introduced from 1 December 2017 state 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'.

Using the films, Mr Mulcay identified JEWEL OF SHEBAR as the field neared the home turn. The horse was in a trailing position. Between about the 300m mark and the finish, Mr McGowan struck the horse and/or its sulky 16 times with his whip. Most of the strikes were quite 'light', and some were not much more than 'taps'. Several of the strikes were 'backhanders'. However the horse was challenging - it eventually finished in 3rd position - and the use of the whip was outside the guidelines. Mr McGowan elected not to be present at the hearing, and has admitted the breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the Committee found the charge proved.


sumissionsforpenalty:

Mr Mulcay referred to the Regulations introduced on 1 December 2017. The sliding scale of penalties for breaches of this Rule refers to occasions when drivers use their whip for between 14-16 strikes. The starting point for this breach is a fine of $300. Mr Mulcay said that the Stewards submitted that they believed this matter did not call for an uplift on the starting point.


reasonsforpenalty:

The Committee confirmed that the starting point for a breach of this Rule when strikes of between 14-16 were involved is a fine of $300. Mr McGowan has not breached this Rule since the new Regulations were introduced on 1 December 2017. The strikes were of no great significance - some were light 'backhanders' and some applied to the sulky. However the number of strikes was outside the Guidelines, and consequently a penalty was required. The Committee felt that a fine of $300 was the appropriate penalty.


penalty:

The Committee therefore imposed a fine of $300 on Mr McGowan.


hearing_type: Hearing


Rules: Rule 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr D McGowan-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 99412720f9d03ec749180e30c04aafd8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cf7b0de8a442b8d24853d491a01cabea


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/12/2017


meet_title: Harness Racing Waikato - 6 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato