Archive Decision

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Waikato BOP H 27 January 2019 – R 2 – Chair, Mr A Godsalve

ID: JCA17369

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr D Moore-Open Horseman

Information Number:
A12203

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
Rule 869(2), Use of Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 27 January 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2019/01/27

Race Number:
R2

Decision:

As the breach is admitted we find the charge proved.

Penalty:

Accordingly a fine of $300 was imposed on Mr Moore.

Facts:

This charge followed the running of Race 2, the Laser Plumbing Te Puke Handicap Trot 2600m. Mr Muirhead alleged that Open Horseman Mr D Moore 'used his whip on more occasions than permitted by clause (b) of the Use of the Whip Regulations inside the final 400 metres.'

Mr Moore 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) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.

The Regulations say '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 Muirhead identified the horse AWA CATHERINE, driven by Mr Moore, as the field entered the home straight. At that time AWA CATHERINE was towards the rear of the field. From that point until the finish Mr Muirhead stated that Mr Moore struck the horse 16 times with his whip in breach of the Rule and Regulations.

AWA CATHERINE finished in 3rd placing.

Submissions for Penalty:

Mr Muirhead referred to the JCA Penalty Guide which provides a fine of $300 where the number of strikes is between 14-16 and the Respondent does not have a prior breach within the prior 6 months.

Reasons for Penalty:

The Committee confirmed the provisions of the JCA Penalty Guide where the number of strikes is between 14-16 and the Respondent does not have a prior breach within the last 6 months.

The Committee did not see any reason to deviate from these Guidelines.

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: ffbc7da44adda9f280f61fd3d220cd3c


informantnumber: A12203


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 27/01/2019


hearing_title: Waikato BOP H 27 January 2019 - R 2 - Chair, Mr A Godsalve


charge:


facts:

This charge followed the running of Race 2, the Laser Plumbing Te Puke Handicap Trot 2600m. Mr Muirhead alleged that Open Horseman Mr D Moore 'used his whip on more occasions than permitted by clause (b) of the Use of the Whip Regulations inside the final 400 metres.'

Mr Moore 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) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.

The Regulations say '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 Muirhead identified the horse AWA CATHERINE, driven by Mr Moore, as the field entered the home straight. At that time AWA CATHERINE was towards the rear of the field. From that point until the finish Mr Muirhead stated that Mr Moore struck the horse 16 times with his whip in breach of the Rule and Regulations.

AWA CATHERINE finished in 3rd placing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach is admitted we find the charge proved.


sumissionsforpenalty:

Mr Muirhead referred to the JCA Penalty Guide which provides a fine of $300 where the number of strikes is between 14-16 and the Respondent does not have a prior breach within the prior 6 months.


reasonsforpenalty:

The Committee confirmed the provisions of the JCA Penalty Guide where the number of strikes is between 14-16 and the Respondent does not have a prior breach within the last 6 months.

The Committee did not see any reason to deviate from these Guidelines.


penalty:

Accordingly a fine of $300 was imposed on Mr Moore.


hearing_type: Hearing


Rules: Rule 869(2), Use of Whip Regulations


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr D Moore-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7bfb7dc291b87333c6aa8ba302136af2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 590bad4543895773568962e71a2010c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/01/2019


meet_title: Harness Racing Waikato - 27 January 2019


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