Counties RC 28 May 2014 – R 1
ID: JCA15686
Code:
Thoroughbred
Meet Title:
Counties RC - 28 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/28
Race Number:
R1
Decision:
As Mr McNelis admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr McNelis is fined the sum of $275.
Facts:
Following the running of race 1, McRae Racing Farewell, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr McNelis used the whip in an excessive manner prior to the 200 metres when riding THENAMESBOND.
Mr McNelis acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Williamson demonstrated on the video films that Mr McNelis used his whip 26 times prior to the 200 metres. He said Mr McNelis was well outside the required respite after 6 strides.
Mr McNelis said the trainer had told him “not to be shy with the whip”. Mr McNelis said he didn’t realise how long the straight was and stated it was “stupidity on his part”.
In response to a question from the Committee, Mr Coles advised Mr McNelis was having his 9th raceday ride.
Submissions for Penalty:
Mr Coles produced Mr McNelis' record which showed no previous breach under this Rule in the last 12 months. He said it was clear the whip use was very excessive even taking into account Mr McNelis' inexperience. He submitted a fine in the range of $250 to $350 would be appropriate.
Mr McNelis recognised a monetary penalty was appropriate and had nothing further to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr McNelis' admission of the breach, his clear record under this Rule and his inexperience. The number of strikes (26) is assessed as the highest range and the severity is assessed at the mid – range.
The Committee had regard for the fact Mr McNelis is a Class D rider.
Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 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: c37e0e6ba7f7559f8f82f64a7265c2ed
informantnumber: A4116
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2014
hearing_title: Counties RC 28 May 2014 - R 1
charge:
facts:
Following the running of race 1, McRae Racing Farewell, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr McNelis used the whip in an excessive manner prior to the 200 metres when riding THENAMESBOND.
Mr McNelis acknowledged that he understood the nature of the charge, the Rule and admitted the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Williamson demonstrated on the video films that Mr McNelis used his whip 26 times prior to the 200 metres. He said Mr McNelis was well outside the required respite after 6 strides.
Mr McNelis said the trainer had told him “not to be shy with the whip”. Mr McNelis said he didn’t realise how long the straight was and stated it was “stupidity on his part”.
In response to a question from the Committee, Mr Coles advised Mr McNelis was having his 9th raceday ride.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNelis admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr McNelis' record which showed no previous breach under this Rule in the last 12 months. He said it was clear the whip use was very excessive even taking into account Mr McNelis' inexperience. He submitted a fine in the range of $250 to $350 would be appropriate.
Mr McNelis recognised a monetary penalty was appropriate and had nothing further to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr McNelis' admission of the breach, his clear record under this Rule and his inexperience. The number of strikes (26) is assessed as the highest range and the severity is assessed at the mid – range.
The Committee had regard for the fact Mr McNelis is a Class D rider.
Before imposing penalty the Committee verified similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 is appropriate.
penalty:
Accordingly, Mr McNelis is fined the sum of $275.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M McNelis - Class D Rider of THENAMESBOND
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 324cb61d06368f5f09c35b1d23e24600
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: 3443e4ee3cdf6cca6a74b8ae0f546512
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/05/2014
meet_title: Counties RC - 28 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Counties RC