Archive Decision

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Manawatu HRC 16 February 2021 – R 4 – Chair, Mr N McCutcheon

ID: JCA17549

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr K Marshall - Driver of BOULTON HOME

Information Number:
A10291

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2) and Whip and Rein Regulations

Plea:
admitted

Meet Title:
Manawatu HRC - 16 February 2021

Meet Chair:
NMcCutcheon

Race Date:
2021/02/16

Race Number:
R 4

Decision:

As the charge was admitted it was found proved.

Penalty:

Taking into account the JCA Penalty Guide it was determined that Mr Marshall’s Driver's Licence be suspended from 16 February to 23 February 2021 inclusive (3 days).

Facts:

Following the run of Race 4, (Andre Poutama Racing Stables Mobile Pace), Information A10201 was filed with the Judicial Committee. It was alleged that Mr Marshall used his whip with more than a wrist-only flicking action in the run home.

Mr Marshall said that he understood the Rule, Charge and confirmed that he admitted the breach.

Mr Mulcay showed film replays and said that early in the run home, Mr Marshall could be seen to be clearly using his whip in much more than a flicking motion and was actually lifting his whip arm relatively high.

Mr Marshall said that he agreed with the Stipendiary Steward’s submission.

Submissions for Penalty:

Mr Mulcay said that Mr Marshall had been fined $200 on 14 January 2021 for his whip use and had received a number of warnings. He placed the whip use in mid-range and said that a term of suspension was in order.

Mr Marshall said that he did not want a fine and suspension of his Licence could start immediately.

Reasons for Penalty:

The film evidence was crystal clear that Mr Marshall used his whip in excess of a wrist-flicking action only. As this was Mr Marshall’s second whip charge in a short period of time a term of suspension was considered to be the appropriate penalty.

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: f05ae29aa6c680fe5332bcd4008e5ebb


informantnumber: A10291


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 20/02/2021


hearing_title: Manawatu HRC 16 February 2021 - R 4 - Chair, Mr N McCutcheon


charge:


facts:

Following the run of Race 4, (Andre Poutama Racing Stables Mobile Pace), Information A10201 was filed with the Judicial Committee. It was alleged that Mr Marshall used his whip with more than a wrist-only flicking action in the run home.

Mr Marshall said that he understood the Rule, Charge and confirmed that he admitted the breach.

Mr Mulcay showed film replays and said that early in the run home, Mr Marshall could be seen to be clearly using his whip in much more than a flicking motion and was actually lifting his whip arm relatively high.

Mr Marshall said that he agreed with the Stipendiary Steward’s submission.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found proved.


sumissionsforpenalty:

Mr Mulcay said that Mr Marshall had been fined $200 on 14 January 2021 for his whip use and had received a number of warnings. He placed the whip use in mid-range and said that a term of suspension was in order.

Mr Marshall said that he did not want a fine and suspension of his Licence could start immediately.


reasonsforpenalty:

The film evidence was crystal clear that Mr Marshall used his whip in excess of a wrist-flicking action only. As this was Mr Marshall’s second whip charge in a short period of time a term of suspension was considered to be the appropriate penalty.


penalty:

Taking into account the JCA Penalty Guide it was determined that Mr Marshall’s Driver's Licence be suspended from 16 February to 23 February 2021 inclusive (3 days).


hearing_type: Hearing


Rules: 869(2) and Whip and Rein Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr K Marshall - Driver of BOULTON HOME


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 29fedfd3bb410f2b43fbe6d007299512


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 043772eaf5a99a05527d4077397b76a6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/02/2021


meet_title: Manawatu HRC - 16 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Manawatu HRC