Roxburgh TC 4 January 2019 – R 2 – Chair, Prof G Hall
ID: JCA16141
Meet Title:
Roxburgh TC - 4 January 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/01/04
Race Number:
R 2
Decision:
As Mr McCormick has admitted the breach, it is found to be proved.
Penalty:
Mr McCormick is suspended for 3 days from the end of racing on 6 January up to and including 13 January 2019.
Facts:
Mr Munro, Stipendiary Steward, alleged that Mr D McCormick (DORA EXPLORER) used his whip on more occasions than permitted under clause (b) of the Use of the Whip Regulations in race 2, the MACCA LODGE / MCINTYRE FLANNERY TAIT / REDPATHS TROT.
Rule 869 provides as follows:
(2) 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 provide:
(b) 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.
Mr McCormick admitted the breach and did not wish to be present at the hearing.
Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr McCormick used his whip 13 times in the last 400 metres.
Submissions for Penalty:
Mr Munro produced the respondent’s record. Mr McCormick has had 17 drives this season and 24 drives last season. Mr McCormick has a previous breach of this rule when he was in breach of cl (d) of the whip regulations on 24 November last.
Mr Munro referred to the JCA Penalty Guide, which provides a 3 to 5 day starting point for a second or subsequent breach of r 869(2) and the whip regulations. He described the respondent as a trainer that occasionally drove his own horses. He submitted that a suspension of 3 days was appropriate.
Reasons for Penalty:
The count for Mr McCormick is 13. He has agreed that this is the number.
The Penalty Guide provides for a 3 to 5 day suspension for a second breach. Where the number of strikes is between 11 and 13, the breach is regarded as being low-range. A 3-day starting point is appropriate. There are no aggravating or mitigating factors that require an adjustment to this starting point.
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: c20fe4f5ad4d36750d5f71d42b63284b
informantnumber: A12467
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 07/01/2019
hearing_title: Roxburgh TC 4 January 2019 - R 2 - Chair, Prof G Hall
charge:
facts:
Mr Munro, Stipendiary Steward, alleged that Mr D McCormick (DORA EXPLORER) used his whip on more occasions than permitted under clause (b) of the Use of the Whip Regulations in race 2, the MACCA LODGE / MCINTYRE FLANNERY TAIT / REDPATHS TROT.
Rule 869 provides as follows:
(2) 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 provide:
(b) 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.
Mr McCormick admitted the breach and did not wish to be present at the hearing.
Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr McCormick used his whip 13 times in the last 400 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McCormick has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. Mr McCormick has had 17 drives this season and 24 drives last season. Mr McCormick has a previous breach of this rule when he was in breach of cl (d) of the whip regulations on 24 November last.
Mr Munro referred to the JCA Penalty Guide, which provides a 3 to 5 day starting point for a second or subsequent breach of r 869(2) and the whip regulations. He described the respondent as a trainer that occasionally drove his own horses. He submitted that a suspension of 3 days was appropriate.
reasonsforpenalty:
The count for Mr McCormick is 13. He has agreed that this is the number.
The Penalty Guide provides for a 3 to 5 day suspension for a second breach. Where the number of strikes is between 11 and 13, the breach is regarded as being low-range. A 3-day starting point is appropriate. There are no aggravating or mitigating factors that require an adjustment to this starting point.
penalty:
Mr McCormick is suspended for 3 days from the end of racing on 6 January up to and including 13 January 2019.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr D McCormick - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b606b4e18f77db4ee553f7e97c039a7f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1f7c1fa110ea9635c2b05dea9b72581b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/01/2019
meet_title: Roxburgh TC - 4 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: roxburgh-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Roxburgh TC