Auckland TC 11 November 2016 – R 1 – Chair, Mr B Scott
ID: JCA14923
Meet Title:
Auckland TC - 11 November 2016
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2016/11/11
Race Number:
R1
Decision:
The charge is admitted and is accordingly upheld.
Penalty:
The Committee imposes a fine of $350 on Mr McKinnon.
Facts:
Following the running of the NZ TROTTING HALL OF FAME HANDICAP TROT, an Information was lodged by Stipendiary Steward, Mr S Mulcay against Junior Horseman Mr J McKinnon alleging that Mr McKinnon as the driver of BROOKSIDE COLT used his whip excessively over the final stages of the race.
Mr McKinnon was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Senior Horseman Mr J Stormont was also present assisting Mr McKinnon.
Mr Mulcay demonstrated the incident using the race films and showed where Mr McKinnon started driving with the whip at about the 250 metres mark and he used it continuously in the home straight and Mr Mulcay counted approximately 24 to 25 strikes with the whip. He said it was also of some concern that a number of those strikes were outside the confines of the sulky.
Mr Stormont said that a number of the strikes were on the side of the horse and more of a slap action rather than a strong downwards action.
Mr McKinnon said that his horse was finishing quite strongly and he got "carried away " with his use of the whip.
Submissions for Penalty:
Mr Mulcay referred to the JCA Guidelines which provide for a starting point penalty of a $500 fine or suspension of Licence for 2 days.
He said that Mr McKinnon had a good record under this rule and he is a Junior Driver and has admitted the breach. He said that he is entitled to some reduction after taking these matters into account.
Mr Stormont said that Mr McKinnon preferred a fine over a suspension because his employer was going to be overseas for a couple of weeks and he might have to drive some of the horses from the stable.
Reasons for Penalty:
The aggravating factors are the number of strikes with the whip and the fact that they were continuous. The Committee referred to the Whip Guidelines and clearly this is a case of excessive use. The Committee also pointed out to Mr McKinnon the new Whip Guidelines that come into force on the 1st of December 2016.
We have given Mr McKinnon credit for the fact that he is a Junior Driver (although he has had in excess of 420 drives ) and his admission of the breach. We however give him more credit for his clear record under this rule which is a very good record based on the number of drives he has had.
Taking all matters into account we believe that a fine of $350 is appropriate.
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: 8c69d74fb399c7485f64bcf1a0fe0b27
informantnumber: A7978
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/11/2016
hearing_title: Auckland TC 11 November 2016 - R 1 - Chair, Mr B Scott
charge:
facts:
Following the running of the NZ TROTTING HALL OF FAME HANDICAP TROT, an Information was lodged by Stipendiary Steward, Mr S Mulcay against Junior Horseman Mr J McKinnon alleging that Mr McKinnon as the driver of BROOKSIDE COLT used his whip excessively over the final stages of the race.
Mr McKinnon was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Senior Horseman Mr J Stormont was also present assisting Mr McKinnon.
Mr Mulcay demonstrated the incident using the race films and showed where Mr McKinnon started driving with the whip at about the 250 metres mark and he used it continuously in the home straight and Mr Mulcay counted approximately 24 to 25 strikes with the whip. He said it was also of some concern that a number of those strikes were outside the confines of the sulky.
Mr Stormont said that a number of the strikes were on the side of the horse and more of a slap action rather than a strong downwards action.
Mr McKinnon said that his horse was finishing quite strongly and he got "carried away " with his use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is accordingly upheld.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Guidelines which provide for a starting point penalty of a $500 fine or suspension of Licence for 2 days.
He said that Mr McKinnon had a good record under this rule and he is a Junior Driver and has admitted the breach. He said that he is entitled to some reduction after taking these matters into account.
Mr Stormont said that Mr McKinnon preferred a fine over a suspension because his employer was going to be overseas for a couple of weeks and he might have to drive some of the horses from the stable.
reasonsforpenalty:
The aggravating factors are the number of strikes with the whip and the fact that they were continuous. The Committee referred to the Whip Guidelines and clearly this is a case of excessive use. The Committee also pointed out to Mr McKinnon the new Whip Guidelines that come into force on the 1st of December 2016.
We have given Mr McKinnon credit for the fact that he is a Junior Driver (although he has had in excess of 420 drives ) and his admission of the breach. We however give him more credit for his clear record under this rule which is a very good record based on the number of drives he has had.
Taking all matters into account we believe that a fine of $350 is appropriate.
penalty:
The Committee imposes a fine of $350 on Mr McKinnon.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J McKinnon - Junior Horseman
Otherperson: Mr J Stormont - Senior Horseman assisting Mr McKinnon
PersonPresent:
Respondent:
StipendSteward:
raceid: 0073bc0f5722aa74f29aca37881859f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a5bcd09f481e73a60ef64215a1bd0b41
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2016
meet_title: Auckland TC - 11 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC