Archive Decision

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

ID: JCA17509

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr S Lawson - Open Horseman

Information Number:
A10581

Hearing Type:
Hearing

New Charge:
Contravention of Use of Whip Regulations

Rules:
869(2) and Use of Whip Reuglations

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 Lawson has admitted the breach, we find the charge proved.

Penalty:

Mr Lawson is fined $200.

Facts:

Following the running of Race 5, the R Johnston Drain Laying & Piako Bobcats Mbl Pace 2100m, Mr Mulcay submitted an Information alleging that Open Horseman, Mr S Lawson 'used his whip on more than the permissible number of occasions over the final 400 metres when driving LA VITESSE'.

Mr Lawson 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 Use of the Whip 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'.

Mr Mulcay identified LA VITESSE as the field passed the 400 metres mark. He pointed out that from about the 300 metres mark to the finishing post Mr Lawson had struck LA VITESSE 13 times with his whip.

LA VITESSE finished in 5th position.

Submissions for Penalty:

Mr Mulcay advised the Committee that Mr Lawson had not breached this Rule within the previous 6 months. He added that the JCA Penalty Guide states that where a driver used his whip between 11-13 times inside the final 400 metres a fine of $200 was the suggested penalty.

Reasons for Penalty:

The Committee confirmed that where a driver strikes a horse 11-13 times within the final 400 metres of a race and has not breached the Rule within the previous 6 months a fine of $200 is the suggested penalty. We find no compelling reasons to vary from that in this instance.

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: eb54da6983fc29cce9c5b234e97e6625


informantnumber: A10581


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 Drain Laying & Piako Bobcats Mbl Pace 2100m, Mr Mulcay submitted an Information alleging that Open Horseman, Mr S Lawson 'used his whip on more than the permissible number of occasions over the final 400 metres when driving LA VITESSE'.

Mr Lawson 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 Use of the Whip 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'.

Mr Mulcay identified LA VITESSE as the field passed the 400 metres mark. He pointed out that from about the 300 metres mark to the finishing post Mr Lawson had struck LA VITESSE 13 times with his whip.

LA VITESSE finished in 5th position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Mulcay advised the Committee that Mr Lawson had not breached this Rule within the previous 6 months. He added that the JCA Penalty Guide states that where a driver used his whip between 11-13 times inside the final 400 metres a fine of $200 was the suggested penalty.


reasonsforpenalty:

The Committee confirmed that where a driver strikes a horse 11-13 times within the final 400 metres of a race and has not breached the Rule within the previous 6 months a fine of $200 is the suggested penalty. We find no compelling reasons to vary from that in this instance.


penalty:

Mr Lawson is fined $200.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Reuglations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr S Lawson - 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