Banks Peninsula TC 15 February 2013 – R 10 (heard on 22 February 2013 at Addington)
ID: JCA21188
Hearing Type (Code):
harness-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault - Stipendiary Steward
Defendant: Mr L F O'Reilly - Open Horseman
Information No: A1822
Meeting: Banks Peninsula TC
Venue: Banks Peninsula
Date: 15 February 2013 (heard on 22 February 2013 at Addington)
Race: 10
Rule No: 869(2)(a)
Judicial Committee: K Hales, Chairman - R McKenzie, Committee Member
Plea: Admitted
Charge: Alleged excessive use of the whip.
Evidence:
Mr Renault showed video coverage of Mr O'Reilly's drive to the hearing. He pointed out how Mr O'Reilly, whilst driving "The Falcon Legend" applied the whip approximately 25 times in the run home, with little interruption to his whip action, as described in the "Use of the Whip Guidelines". He pointed out how all strikes were on the horse and applied with some vigour.
Mr O'Reilly elected not to be present when the matter was heard.
Decision:
As the charge has been admitted, it is therefore deemed to be proved.
Submission for Penalty:
Mr Renault told us that Mr O'Reilly presented as remorseful when the matter was put to him. He said that Mr O'Reilly had driven some 4,700 drives in his career, and 57 drives in the current season. He had a clear record. He submitted that the degree of seriousness was low to mid- range.
Mr Renault submitted that a fine of $200 should be imposed.
Reasons for Penalty:
The starting point for the imposition of penalty is a fine of $300. From this committee's perspective the number of times that the horse was struck, and the degree of apparent force used (all strikes being on the horse), are aggravating features, which warrant an uplift on our starting point of $50, making the starting point $350. We do not share Mr Renault's view that the degree of seriousness was in the low to mid-range, but more in the mid-range and above.
Against that, the mitigating features are Mr O'Reilly's early admission of the charge, his apparent remorse, and his good record. Those mitigating features mean that we can allow a discount on our starting point of $100, making the fine $250.
Penalty:
Mr O'Reilly is fined $250 accordingly.
Decision Date: 15/02/2013
Publish Date: 15/02/2013
JCA Decision Fields (raw)
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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: 78958a7d6b8046fdc1396996a2fe0101
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hearing_racingtype: harness-racing
startdate: 15/02/2013
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decisiondate: no date provided
hearing_title: Banks Peninsula TC 15 February 2013 - R 10 (heard on 22 February 2013 at Addington)
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isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault - Stipendiary Steward
Defendant: Mr L F O'Reilly - Open Horseman
Information No: A1822
Meeting: Banks Peninsula TC
Venue: Banks Peninsula
Date: 15 February 2013 (heard on 22 February 2013 at Addington)
Race: 10
Rule No: 869(2)(a)
Judicial Committee: K Hales, Chairman - R McKenzie, Committee Member
Plea: Admitted
Charge: Alleged excessive use of the whip.
Evidence:
Mr Renault showed video coverage of Mr O'Reilly's drive to the hearing. He pointed out how Mr O'Reilly, whilst driving "The Falcon Legend" applied the whip approximately 25 times in the run home, with little interruption to his whip action, as described in the "Use of the Whip Guidelines". He pointed out how all strikes were on the horse and applied with some vigour.
Mr O'Reilly elected not to be present when the matter was heard.
Decision:
As the charge has been admitted, it is therefore deemed to be proved.
Submission for Penalty:
Mr Renault told us that Mr O'Reilly presented as remorseful when the matter was put to him. He said that Mr O'Reilly had driven some 4,700 drives in his career, and 57 drives in the current season. He had a clear record. He submitted that the degree of seriousness was low to mid- range.
Mr Renault submitted that a fine of $200 should be imposed.
Reasons for Penalty:
The starting point for the imposition of penalty is a fine of $300. From this committee's perspective the number of times that the horse was struck, and the degree of apparent force used (all strikes being on the horse), are aggravating features, which warrant an uplift on our starting point of $50, making the starting point $350. We do not share Mr Renault's view that the degree of seriousness was in the low to mid-range, but more in the mid-range and above.
Against that, the mitigating features are Mr O'Reilly's early admission of the charge, his apparent remorse, and his good record. Those mitigating features mean that we can allow a discount on our starting point of $100, making the fine $250.
Penalty:
Mr O'Reilly is fined $250 accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: Rule 869, (2) No horseman shall during any race:-, (a) use his whip in an unnecessary, excessive or improper manner;
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