Forbury Park TC 21 June 2018 – R 6 – Chair, Prof G Hall
ID: JCA12420
Meet Title:
Forbury Park TC - 21 June 2018
Meet Chair:
GHall
Race Date:
2018/06/21
Race Number:
R 6
Decision:
As Mr Fitzgerald has admitted the breach, it is found to be proved.
Penalty:
Mr Fitzgerald is fined the sum of $200.
Facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Fitzgerald used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive SUGAR CANE in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Fitzgerald indicated on the information that he admitted the breach and did not wish to be present at the hearing. Mr Wallis explained that Mr Fitzgerald had had the assistance of Open Horseman, Mr B Williamson when he made this decision.
Mr Wallis asked Mr Munro, Stipendiary Steward, to demonstrate the alleged breach on the videos. He pointed out Mr Fitzgerald, who was racing at the front of the field as they turned for home. Mr Fitzgerald used his whip 13 times in the last 400 metres. There was the odd pause and there were also 2 backhanders close to the winning post.
Submissions for Penalty:
The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Fitzgerald is 13. He agrees that this is the number. Mr Fitzgerald has had 33 drives this season, and 31 last season.
Reasons for Penalty:
This is Mr Fitzgerald’s first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.
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: 59eb73b6bfc855709ee5aaac402c4fb0
informantnumber: A10520
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2018
hearing_title: Forbury Park TC 21 June 2018 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Fitzgerald used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive SUGAR CANE in race 6, the HOUSE OF TRAVEL JNR DRIVERS MOBILE TROT.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Fitzgerald indicated on the information that he admitted the breach and did not wish to be present at the hearing. Mr Wallis explained that Mr Fitzgerald had had the assistance of Open Horseman, Mr B Williamson when he made this decision.
Mr Wallis asked Mr Munro, Stipendiary Steward, to demonstrate the alleged breach on the videos. He pointed out Mr Fitzgerald, who was racing at the front of the field as they turned for home. Mr Fitzgerald used his whip 13 times in the last 400 metres. There was the odd pause and there were also 2 backhanders close to the winning post.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fitzgerald has admitted the breach, it is found to be proved.
sumissionsforpenalty:
The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Fitzgerald is 13. He agrees that this is the number. Mr Fitzgerald has had 33 drives this season, and 31 last season.
reasonsforpenalty:
This is Mr Fitzgerald’s first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.
penalty:
Mr Fitzgerald is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr A Fitzgerald - Junior Driver
Otherperson: Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2359d59e0f9c938d1e4761b6c3991a43
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fb63a64cf064c008602c5a5ebcb09933
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2018
meet_title: Forbury Park TC - 21 June 2018
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