Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato BOP H 12 January 2019 – R 5 – Chair, Mr A Godsalve

ID: JCA17378

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr D Butcher - Open Horseman

Information Number:
A10582

Hearing Type:
Hearing

New Charge:
Contravention of Use of Whip Regulations

Rules:
869(2) and Use of Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 12 January 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2019/01/12

Race Number:
R 5

Decision:

As Mr Butcher has admitted the breach, we find the charge proved.

Penalty:

The Committee imposed a fine of $200 on Mr Butcher.

Facts:

Following the running of Race 5, the R Johnston Drainlaying & Piako Bobcats Mbl Pace 2100m, Mr Mulcay submitted an Information alleging that Mr D Butcher 'used his whip on more than the permissible number of occasions over the final 400 metres when driving UNCLE DREW’.

Mr Butcher 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 his whip in an unnecessary, excessive or improper manner'

The Use of the Whip Guidelines say  'No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.

Using the films Mr Mulcay identified the horse UNCLE DREW driven by Mr Butcher as it passed the 400 metres mark. From that marker until the finishing post Mr Mulcay stated that Mr Butcher had used his whip on the horse 11 times.
UNCLE DREW won the race in question.

Submissions for Penalty:

Mr Mulcay stated that Mr Butcher did not have any prior breaches of this Rule within the previous 6 months, and accordingly quoted the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13.

Reasons for Penalty:

The Committee confirmed the JCA Penalty Guide provides a fine of $200 where 11-13 strikes are involved, and the respondent does not have any prior breaches within the previous 6 months.

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: dca1ccdd0969d7eb22baafc458f956d3


informantnumber: A10582


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 14/01/2019


hearing_title: Waikato BOP H 12 January 2019 - R 5 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 5, the R Johnston Drainlaying & Piako Bobcats Mbl Pace 2100m, Mr Mulcay submitted an Information alleging that Mr D Butcher 'used his whip on more than the permissible number of occasions over the final 400 metres when driving UNCLE DREW’.

Mr Butcher 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 his whip in an unnecessary, excessive or improper manner'

The Use of the Whip Guidelines say  'No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.

Using the films Mr Mulcay identified the horse UNCLE DREW driven by Mr Butcher as it passed the 400 metres mark. From that marker until the finishing post Mr Mulcay stated that Mr Butcher had used his whip on the horse 11 times.
UNCLE DREW won the race in question.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Butcher has admitted the breach, we find the charge proved.


sumissionsforpenalty:

Mr Mulcay stated that Mr Butcher did not have any prior breaches of this Rule within the previous 6 months, and accordingly quoted the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13.


reasonsforpenalty:

The Committee confirmed the JCA Penalty Guide provides a fine of $200 where 11-13 strikes are involved, and the respondent does not have any prior breaches within the previous 6 months.


penalty:

The Committee imposed a fine of $200 on Mr Butcher.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr D Butcher - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5cce7e660d30e68517cd0e0011c477f3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7f63898cd8500b302cc2384e0892e6f1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2019


meet_title: Harness Racing Waikato - 12 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