Archive Decision

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Central Otago TC 2 January 2014 – R 12

ID: JCA10705

Applicant:
Mr C A Allison - Stipendiary Steward

Information Number:
A5949

Hearing Type:
Hearing

New Charge:
Excessive whip use

Rules:
869(2)(a)

Plea:
denied

Meet Title:
Central Otago TC - 2 January 2014

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2014/01/02

Race Number:
R 12

Decision:

We thus find the charge proved.

Penalty:

Mr White is fined the sum of $400 and reminded of his obligations under the Rules of Harness Racing.

Facts:

Mr Allison, Stipendiary Steward, alleged that Mr White, the driver of ROCK OF TARA, which finished 1st in race 12, the SUPERLIQUOR/TRAIL JOURNEYS PACE, used his whip excessively over the final stages.

Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”

Submissions for Decision:

Mr Allison demonstrated on the videos that the respondent used his whip some 22 to 23 times in the run up the straight. He said Mr White had failed to break up his use of the whip. He said the use of the whip was “pretty regular” up the straight with only one pause for a couple of paces.

Mr White said he was aware he was close to the 20 strike limit which he knew the stipendiary stewards used as a guideline as to whether the use of the whip was excessive. However, ROCK OF TARA was a lazy horse and it had “knocked off” short of the line. If he had not used the whip a couple of times before the winning post he would not have won as TAIERI WINGS had come at him right on the line. The last two strikes were thus the winning of the race. He said ROCK OF TARA had been responding to the whip the whole time and the horse had not wanted to win halfway down the straight.

Reasons for Decision:

We are satisfied that the respondent has used the whip some 23 times in the run home. This is in excess of the 20 strike guideline. Mr Allison is correct when he states the use of the whip is virtually continuous with only one very brief pause. The fact that ROCK OF TARA was responding and that the final strikes in Mr White’s view won him the race is not an excuse for a breach of the rule.

Submissions for Penalty:

Mr Allison produced the respondent’s record which evidenced two breaches of this rule since the end of September. On each occasion fines were imposed: one was $200, the other $300. Mr Allison asked for a fine of $450.

Mr White stated he preferred a fine to a suspension, as he wanted to drive in amateur races in the North Island in mid January. He said he was in a position to pay a fine.

Reasons for Penalty:

We believe the breach is mid range. The strikes are repetitive and numerous. Mr White’s record is concerning. Clearly the message that he has to drive within the rules is not getting through to him. We gave careful consideration to the imposition of a period of suspension but have decided the matter can be dealt with on this occasion by way of a fine.

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: 08ae91b0eb70856f58aa977ff4da550d


informantnumber: A5949


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive whip use


plea: denied


penaltyrequired: 1


decisiondate: 02/01/2014


hearing_title: Central Otago TC 2 January 2014 - R 12


charge:


facts:

Mr Allison, Stipendiary Steward, alleged that Mr White, the driver of ROCK OF TARA, which finished 1st in race 12, the SUPERLIQUOR/TRAIL JOURNEYS PACE, used his whip excessively over the final stages.

Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated on the videos that the respondent used his whip some 22 to 23 times in the run up the straight. He said Mr White had failed to break up his use of the whip. He said the use of the whip was “pretty regular” up the straight with only one pause for a couple of paces.

Mr White said he was aware he was close to the 20 strike limit which he knew the stipendiary stewards used as a guideline as to whether the use of the whip was excessive. However, ROCK OF TARA was a lazy horse and it had “knocked off” short of the line. If he had not used the whip a couple of times before the winning post he would not have won as TAIERI WINGS had come at him right on the line. The last two strikes were thus the winning of the race. He said ROCK OF TARA had been responding to the whip the whole time and the horse had not wanted to win halfway down the straight.


reasonsfordecision:

We are satisfied that the respondent has used the whip some 23 times in the run home. This is in excess of the 20 strike guideline. Mr Allison is correct when he states the use of the whip is virtually continuous with only one very brief pause. The fact that ROCK OF TARA was responding and that the final strikes in Mr White’s view won him the race is not an excuse for a breach of the rule.


Decision:

We thus find the charge proved.


sumissionsforpenalty:

Mr Allison produced the respondent’s record which evidenced two breaches of this rule since the end of September. On each occasion fines were imposed: one was $200, the other $300. Mr Allison asked for a fine of $450.

Mr White stated he preferred a fine to a suspension, as he wanted to drive in amateur races in the North Island in mid January. He said he was in a position to pay a fine.


reasonsforpenalty:

We believe the breach is mid range. The strikes are repetitive and numerous. Mr White’s record is concerning. Clearly the message that he has to drive within the rules is not getting through to him. We gave careful consideration to the imposition of a period of suspension but have decided the matter can be dealt with on this occasion by way of a fine.


penalty:

Mr White is fined the sum of $400 and reminded of his obligations under the Rules of Harness Racing.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C A Allison - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8568559e536e257de49957aca801832b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 12


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fc541c2817a1ce1fd2d2f5c1d9b30680


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2014


meet_title: Central Otago TC - 2 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Central Otago TC