Archive Decision

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Wairarapa HRC 2 January 2020 – R 7 – Chair, Mr T Utikere

ID: JCA17341

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr P Fleming - Licensed Horseman

Information Number:
A11672

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)and Whip Regulation (b)

Plea:
admitted

Meet Title:
Wairarapa HRC - 2 January 2020

Meet Chair:
TUtikere

Meet Committee Member 1:
NMcCutcheon

Race Date:
2020/01/02

Race Number:
R7

Decision:

As the breach was admitted, the Committee deemed the charge proved. 

Penalty:

Mr Fleming is fined $200.

Facts:

Following the running of Race 2, (Levin Woolbuyers Mobile Pace 2000m), Information A11672 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Fleming "... used his whip inside the final 400m in contravention of Clause b of the Whip Regulations".

Mr Fleming acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Rule 869(2) states: "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."

Using the side-on film Mr Muirhead identified PURE DESIRE racing in a position to the extreme outside upon entering the home straight. Mr Fleming was then observed to use his whip on 12-13 occasions within the final 400m.

Mr Fleming stated that he was doing his utmost to improve down the straight and had been beaten for second placing by a nose.

Submissions for Penalty:

Mr Muirhead identified that this was not the worst breach of the Regulations, and that Mr Fleming had a clear record as his previous breach was some 11 months ago.

Mr Fleming had no submissions to make on penalty.

Reasons for Penalty:

It is clear from the side-on film that Mr Fleming used his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations.

While the Committee notes the Respondent's early admission and that this is his first breach of the rule, within the defined reset period, it considers a mitigation inclusive fine as identified in the Regulation's sliding scale as appropriate.

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: fba6dca4730b533b9cbad310470de315


informantnumber: A11672


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 02/01/2020


hearing_title: Wairarapa HRC 2 January 2020 - R 7 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 2, (Levin Woolbuyers Mobile Pace 2000m), Information A11672 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Fleming "... used his whip inside the final 400m in contravention of Clause b of the Whip Regulations".

Mr Fleming acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Rule 869(2) states: "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."

Using the side-on film Mr Muirhead identified PURE DESIRE racing in a position to the extreme outside upon entering the home straight. Mr Fleming was then observed to use his whip on 12-13 occasions within the final 400m.

Mr Fleming stated that he was doing his utmost to improve down the straight and had been beaten for second placing by a nose.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, the Committee deemed the charge proved. 


sumissionsforpenalty:

Mr Muirhead identified that this was not the worst breach of the Regulations, and that Mr Fleming had a clear record as his previous breach was some 11 months ago.

Mr Fleming had no submissions to make on penalty.


reasonsforpenalty:

It is clear from the side-on film that Mr Fleming used his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations.

While the Committee notes the Respondent's early admission and that this is his first breach of the rule, within the defined reset period, it considers a mitigation inclusive fine as identified in the Regulation's sliding scale as appropriate.


penalty:

Mr Fleming is fined $200.


hearing_type: Hearing


Rules: 869(2)and Whip Regulation (b)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr P Fleming - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4cd19febfc66d13a9c688f64cd38e94a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7bb1685453df2337da857b3fabf766d2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2020


meet_title: Wairarapa HRC - 2 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairarapa-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: NMcCutcheon


meet_pm2: none


name: Wairarapa HRC