Adjourned hearing – Kapiti Coast HRC 4 January 2021 – R 3 (heard 8 January at Cambridge) – Chair, Mr D Anderson
ID: JCA20653
Hearing Type (Code):
harness-racing
Meet Title:
Kapiti Coast HRC - 4 January 2021
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2021/01/04
Race Number:
R 3
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams represented by Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Doody – Open Driver
Information No: A13630
Meeting: Kapiti Coast Harness Racing Club
Date: 4 January 2021 (heard 8 January 2021 at Cambridge)
Venue: Otaki Racecourse
RaceNo: 3
Rule No: 869(2) and Whip Regulations
Judicial Committee: Mr D Anderson, Chair – Mr A Godsalve, Member
Plea: Admitted
EVIDENCE:
Following the running of Race 3 an Information was filed by Stipendiary Steward, Mr P Williams alleging a breach of Rule 869(2) by Open Driver, Mr S Doody. The information alleged;”S Doody (SHANROAD) used his whip with more than a wrist flicking motion in the home straight”.
Mr Doody signed the Information stating he admitted the breach and that he was conversant with the Rule.
The hearing of the Information was opened and adjourned on 4 January by the JCA Chairman of the day, Mr N McCutcheon, and resumed on this day, 8 January 2021 at Cambridge Raceway.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Mulcay representing the Informant, Mr Williams used the race video to identify Mr Doody driving (2) SHANROAD, racing four-wide entering the home straight. Mr Mulcay pointed to Mr Doody striking his horse on several occasions using more than a wrist flicking motion. He said there were periods in the run home where Mr Doody has conformed with the new Regulations but far too many times, he was well short of the requirements.
Mr Doody agreed with Mr Mulcay’s submissions and added as well as being disappointed with himself he was lambasted by a close personal associate when he returned to the stabling area for his performance.
DECISION:
As Mr Doody admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Mulcay said the Stewards viewed this breach at the high range of the Regulations. He said Mr Doody has offended early in the run home, on a long straight, and continued to revert to the old style of driving on many occasions which is unacceptable.
Mr Mulcay said the new Penalty Guidelines for a high range breach is a suspension. He said Mr Doody has a clear record under this Rule and this combined with his admission and his frankness, the Stewards would be asking for a 3-day suspension for Mr Doody’s breach.
Mr Doody chose not to make any submissions on penalty and after deferment was discussed he asked to start any suspension as soon as possible.
PENALTY REASONS:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a high-level breach, the start point will be a period of suspension (3 days). High-level offending is defined as when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving.
The Committee believes this breach falls within this level, but we did observe Mr Doody driving in a compliant style in periods within the final straight and see no aggravating factors to depart from the Penalty Guidelines.
The Mitigating factors Mr Mulcay alluded to won’t be considered in our reasoning as such factors are not relevant in respect of breaches of the whip regulations.
The Committee in considering these factors find a 3-day suspension appropriate in this case.
PENALTY:
Accordingly, Mr Doody’s Open Driver’s Licence is suspended from the close of racing on the 8 January 2021 up to and including racing on the 28 January 2021.
Meeting encompassed in this suspension are: -
Waikato Bay of Plenty Harness Inc - 14 January 2021
Waikato Bay of Plenty Harness Inc - 21 January 2021
Waikato Bay of Plenty Harness Inc - 28 January 2021
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: 73ea61a5bf876bf86cf58b2f3f385c58
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/01/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned hearing - Kapiti Coast HRC 4 January 2021 - R 3 (heard 8 January at Cambridge) - Chair, Mr D Anderson
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams represented by Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr S Doody – Open Driver
Information No: A13630
Meeting: Kapiti Coast Harness Racing Club
Date: 4 January 2021 (heard 8 January 2021 at Cambridge)
Venue: Otaki Racecourse
RaceNo: 3
Rule No: 869(2) and Whip Regulations
Judicial Committee: Mr D Anderson, Chair – Mr A Godsalve, Member
Plea: Admitted
EVIDENCE:
Following the running of Race 3 an Information was filed by Stipendiary Steward, Mr P Williams alleging a breach of Rule 869(2) by Open Driver, Mr S Doody. The information alleged;”S Doody (SHANROAD) used his whip with more than a wrist flicking motion in the home straight”.
Mr Doody signed the Information stating he admitted the breach and that he was conversant with the Rule.
The hearing of the Information was opened and adjourned on 4 January by the JCA Chairman of the day, Mr N McCutcheon, and resumed on this day, 8 January 2021 at Cambridge Raceway.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Mulcay representing the Informant, Mr Williams used the race video to identify Mr Doody driving (2) SHANROAD, racing four-wide entering the home straight. Mr Mulcay pointed to Mr Doody striking his horse on several occasions using more than a wrist flicking motion. He said there were periods in the run home where Mr Doody has conformed with the new Regulations but far too many times, he was well short of the requirements.
Mr Doody agreed with Mr Mulcay’s submissions and added as well as being disappointed with himself he was lambasted by a close personal associate when he returned to the stabling area for his performance.
DECISION:
As Mr Doody admitted the breach the charge was found proved.
PENALTY SUBMISSIONS:
Mr Mulcay said the Stewards viewed this breach at the high range of the Regulations. He said Mr Doody has offended early in the run home, on a long straight, and continued to revert to the old style of driving on many occasions which is unacceptable.
Mr Mulcay said the new Penalty Guidelines for a high range breach is a suspension. He said Mr Doody has a clear record under this Rule and this combined with his admission and his frankness, the Stewards would be asking for a 3-day suspension for Mr Doody’s breach.
Mr Doody chose not to make any submissions on penalty and after deferment was discussed he asked to start any suspension as soon as possible.
PENALTY REASONS:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a high-level breach, the start point will be a period of suspension (3 days). High-level offending is defined as when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving.
The Committee believes this breach falls within this level, but we did observe Mr Doody driving in a compliant style in periods within the final straight and see no aggravating factors to depart from the Penalty Guidelines.
The Mitigating factors Mr Mulcay alluded to won’t be considered in our reasoning as such factors are not relevant in respect of breaches of the whip regulations.
The Committee in considering these factors find a 3-day suspension appropriate in this case.
PENALTY:
Accordingly, Mr Doody’s Open Driver’s Licence is suspended from the close of racing on the 8 January 2021 up to and including racing on the 28 January 2021.
Meeting encompassed in this suspension are: -
Waikato Bay of Plenty Harness Inc - 14 January 2021
Waikato Bay of Plenty Harness Inc - 21 January 2021
Waikato Bay of Plenty Harness Inc - 28 January 2021
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Use of Whip Regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 676e0cbaa1c76e3c4f217b7c71157f62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
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meetid: 34d9ea893c99ec9a4053d677308262b3
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/01/2021
meet_title: Kapiti Coast HRC - 4 January 2021
meet_expappcomment:
meet_km:
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tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: NMoffatt
meet_pm2: none
name: Kapiti Coast HRC