Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Forbury Park TC 15 June 2017 – R 10 (Chair, Prof G Hall)

ID: JCA12558

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr J Cox - Open Horseman

Other Person:
Mr C Boyd - Stipendiary Steward

Information Number:
A9560

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Forbury Park TC - 15 June 2017

Meet Chair:
GHall

Race Date:
2017/06/15

Race Number:
R 10

Decision:

Mr Cox admitted the charge. The charge is proved.

Penalty:

Mr Cox is suspended from 26 June until the conclusion of racing on 6 July 2017. The days encompassed by the suspension are:

Forbury Park – 29 June
Addington 30 June
Timaru 2 July
Forbury Park 6 July

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Cox (FRANCO SAXON) used his whip excessively over the concluding 400 metres of race 10, the Park Event & Function Centre Mobile Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Wallis showed a video replay of the race. Mr Boyd, Stipendiary Steward, pointed out that Mr Cox, driving FRANCO SAXON, hit his horse 12 times with the whip free of the rein. This was inside the final 400 metres of the race. Mr Wallis stated there was one strike immediately after the 400 metres, another as the horse straightened for the run home, and 10 in the home straight.

Mr Cox confirmed that he had hit the horse 12 times. He said the horse was tiring and he had tried to break up the strikes. It was a good effort from the horse as it had sat parked the whole way and had responded to his urgings. He added he was sitting on 499 wins and it would have been great if he been able to bring up his 500th on a horse that he trained himself.

Submissions for Penalty:

Mr Wallis produced Mr Cox’s record, which he said was not good under this rule. Mr Cox had a breach on 4 December just after the guideline came into force, however this was just outside the six-month reset period. This record also evidenced similar charges on 10 February and another at the recent Nelson meeting. Mr Cox was driving pursuant to a deferment granted at that meeting. He was suspended from 17 to 25 June.

The starting point under the guidelines is a 3 to 5 day suspension. He submitted a 4-day suspension was appropriate.

Mr Cox confirmed his record and was contrite stating it was lack of judgment on his part and he accepted the rules were the rules and he knew he had to adjust his whip action.

Reasons for Penalty:

There are 12 strikes and FRANCO SAXON has responded to these and has finished 2nd in the race. The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide.

The breach is low end and the Committee takes a starting point of 4 days. This is increased by a day having regard to the fact that this is the respondent’s second breach in a very short time frame. However, credit is also appropriate for Mr Cox’s early admission of the breach and his co-operation in this matter. These factors balance out each other. This penalty is thus 4 days’ suspension.

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: 378327d46cc1492ffa5a167252a993cb


informantnumber: A9560


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 16/06/2017


hearing_title: Forbury Park TC 15 June 2017 - R 10 (Chair, Prof G Hall)


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Cox (FRANCO SAXON) used his whip excessively over the concluding 400 metres of race 10, the Park Event & Function Centre Mobile Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Wallis showed a video replay of the race. Mr Boyd, Stipendiary Steward, pointed out that Mr Cox, driving FRANCO SAXON, hit his horse 12 times with the whip free of the rein. This was inside the final 400 metres of the race. Mr Wallis stated there was one strike immediately after the 400 metres, another as the horse straightened for the run home, and 10 in the home straight.

Mr Cox confirmed that he had hit the horse 12 times. He said the horse was tiring and he had tried to break up the strikes. It was a good effort from the horse as it had sat parked the whole way and had responded to his urgings. He added he was sitting on 499 wins and it would have been great if he been able to bring up his 500th on a horse that he trained himself.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Cox admitted the charge. The charge is proved.


sumissionsforpenalty:

Mr Wallis produced Mr Cox’s record, which he said was not good under this rule. Mr Cox had a breach on 4 December just after the guideline came into force, however this was just outside the six-month reset period. This record also evidenced similar charges on 10 February and another at the recent Nelson meeting. Mr Cox was driving pursuant to a deferment granted at that meeting. He was suspended from 17 to 25 June.

The starting point under the guidelines is a 3 to 5 day suspension. He submitted a 4-day suspension was appropriate.

Mr Cox confirmed his record and was contrite stating it was lack of judgment on his part and he accepted the rules were the rules and he knew he had to adjust his whip action.


reasonsforpenalty:

There are 12 strikes and FRANCO SAXON has responded to these and has finished 2nd in the race. The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide.

The breach is low end and the Committee takes a starting point of 4 days. This is increased by a day having regard to the fact that this is the respondent’s second breach in a very short time frame. However, credit is also appropriate for Mr Cox’s early admission of the breach and his co-operation in this matter. These factors balance out each other. This penalty is thus 4 days’ suspension.


penalty:

Mr Cox is suspended from 26 June until the conclusion of racing on 6 July 2017. The days encompassed by the suspension are:

Forbury Park – 29 June
Addington 30 June
Timaru 2 July
Forbury Park 6 July


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr J Cox - Open Horseman


Otherperson: Mr C Boyd - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 114a8b727d41cbf8a783896443b312e0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bd8f502b4c28046e5ddb3b2e9f0b41c3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/06/2017


meet_title: Forbury Park TC - 15 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC