Auckland TC 12 October 2018 – R 9 – Chair, Mr A Smith
ID: JCA15195
Meet Title:
Auckland TC - 12 October 2018
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2018/10/12
Race Number:
R1
Decision:
The charge is admitted and therefore proved.
Penalty:
Mr Drake was fined the sum of $200.
Facts:
Following the running of Race 9, the “DILMAH FOR LOVERS OF TEA MOBILE PACE 2200m”, an Information was filed by Stipendiary Steward, Mr Muirhead alleging a breach of Rule 869(2)(b) by Junior Driver, Mr ADrake. The information stated “that Mr Drake had used his whip in breach of the WHIP REGULATIONS driving BUBBLE GUM over the concluding stages inside the final 400m.”
Rule 869(2)(b) provides that:
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 Drake endorsed the information that he admitted the breach and did not wish to be present at the hearing.
Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He identified Mr Drake driving BUBBLE GUM in the 3 wide position as he entered the home straight. Mr Muirhead said that soon after entering the home straight Mr Drake drew the whip in his left hand and commenced to strike BUBBLE GUM. Mr Muirhead submitted that Mr Drake struck his drive on 12 occasions inside the final 400m, which was in breach of the Whip Regulations.
Submissions for Penalty:
Mr Muirhead produced Mr Drake’s driving record which showed no previous breaches of this rule. He submitted that a penalty in line with the JCA Penalty Guide was appropriate.
Due to Mr Drake choosing to not to be present at the hearing, No submissions were received from Mr Drake in relation to the breach or penalty.
Reasons for Penalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has carefully reviewed the video footage of the final 400 meters of the race. It is clear that Mr Drake used his whip 12 times between the 400m and finish line. While the strikes were not overly forceful, the number of strikes is a clear breach of the Whip Regulations.
There are no aggravating factors and accordingly we have no compelling reasons to deviate from the $200 starting point.
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: 7435c051820ba3f31fcc326db12b53b6
informantnumber: A10712
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/10/2018
hearing_title: Auckland TC 12 October 2018 - R 9 - Chair, Mr A Smith
charge:
facts:
Following the running of Race 9, the “DILMAH FOR LOVERS OF TEA MOBILE PACE 2200m”, an Information was filed by Stipendiary Steward, Mr Muirhead alleging a breach of Rule 869(2)(b) by Junior Driver, Mr ADrake. The information stated “that Mr Drake had used his whip in breach of the WHIP REGULATIONS driving BUBBLE GUM over the concluding stages inside the final 400m.”
Rule 869(2)(b) provides that:
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 Drake endorsed the information that he admitted the breach and did not wish to be present at the hearing.
Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He identified Mr Drake driving BUBBLE GUM in the 3 wide position as he entered the home straight. Mr Muirhead said that soon after entering the home straight Mr Drake drew the whip in his left hand and commenced to strike BUBBLE GUM. Mr Muirhead submitted that Mr Drake struck his drive on 12 occasions inside the final 400m, which was in breach of the Whip Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and therefore proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Drake’s driving record which showed no previous breaches of this rule. He submitted that a penalty in line with the JCA Penalty Guide was appropriate.
Due to Mr Drake choosing to not to be present at the hearing, No submissions were received from Mr Drake in relation to the breach or penalty.
reasonsforpenalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has carefully reviewed the video footage of the final 400 meters of the race. It is clear that Mr Drake used his whip 12 times between the 400m and finish line. While the strikes were not overly forceful, the number of strikes is a clear breach of the Whip Regulations.
There are no aggravating factors and accordingly we have no compelling reasons to deviate from the $200 starting point.
penalty:
Mr Drake was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and the use of whip regulations
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr A Drake - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2304d91070d3e6e9e512e4313ce277c3
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: d0f90f27c6ed2fafff1667466ed2f589
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/10/2018
meet_title: Auckland TC - 12 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC