Archive Decision

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Auckland TC 19 July 2019 – R 3 – Chair, Mr B J Scott

ID: JCA13306

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr M White - Open Horseman

Information Number:
A10735

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 869(2)

Plea:
admitted

Meet Title:
Auckland TC - 19 July 2019

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2019/07/19

Race Number:
R3

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

This Committee imposes a fine of $200.00 on Mr White.

Facts:

Following the running of the CAL>ISUZU HANDICAP TROT an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Open Horseman Mr M White alleging that Mr White used his whip when driving CHARLEMAGNE in contravention of the Use of Whip Regulations over the final 400 metres.

Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Part (b) of the Use of Whip Regulations provides: 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 White signed the Information and in doing so he advised that he did admit the breach and that he did not wish to be present at the Hearing.

Mr Mulcay demonstrated the incident by use of the race films and showed where CHARLEMAGNE was racing second on the inside passing the 400 metres. He then showed where Mr White put both reins in one hand and with his free hand he struck his horse 11 times.

Submissions for Penalty:

Mr Mulcay said that Mr White had a good record under this Rule and he also said that the breach was in the low range of seriousness. He submitted that a fine of $200.00 as provided in the sliding scale of penalties under the Use of Whip Regulations was appropriate.

Reasons for Penalty:

The breach is admitted as it had to be bearing in mind the clear film evidence.  The scale of starting point penalties under the Use of Whip Regulations specifies that for a first offence for 11-13 strikes the penalty should be a fine of $200.00.

This is a minimum fine and mitigating factors have already been taken into account.

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: 5fbccae38d7bae799c39edc74791a059


informantnumber: A10735


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/07/2019


hearing_title: Auckland TC 19 July 2019 - R 3 - Chair, Mr B J Scott


charge:


facts:

Following the running of the CAL>ISUZU HANDICAP TROT an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Open Horseman Mr M White alleging that Mr White used his whip when driving CHARLEMAGNE in contravention of the Use of Whip Regulations over the final 400 metres.

Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Part (b) of the Use of Whip Regulations provides: 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 White signed the Information and in doing so he advised that he did admit the breach and that he did not wish to be present at the Hearing.

Mr Mulcay demonstrated the incident by use of the race films and showed where CHARLEMAGNE was racing second on the inside passing the 400 metres. He then showed where Mr White put both reins in one hand and with his free hand he struck his horse 11 times.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Mulcay said that Mr White had a good record under this Rule and he also said that the breach was in the low range of seriousness. He submitted that a fine of $200.00 as provided in the sliding scale of penalties under the Use of Whip Regulations was appropriate.


reasonsforpenalty:

The breach is admitted as it had to be bearing in mind the clear film evidence.  The scale of starting point penalties under the Use of Whip Regulations specifies that for a first offence for 11-13 strikes the penalty should be a fine of $200.00.

This is a minimum fine and mitigating factors have already been taken into account.


penalty:

This Committee imposes a fine of $200.00 on Mr White.


hearing_type: Hearing


Rules: Rule 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr M White - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f69b3124315b90bc24b32b1b638011f3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 90670c226fce20d8399faeb800e5718a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/07/2019


meet_title: Auckland TC - 19 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC