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 3 May 2012 – R 8

ID: JCA11336

Applicant:
Mr S Wallis, Stipendiary Steward, Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr D Dunn - Licensed Horseman

Information Number:
5617

Hearing Type:
Hearing

Rules:
866(b)

Plea:
denied

Meet Title:
Forbury Park TC - 3 May 2012

Meet Chair:
GHall

Meet Committee Member 1:
JMillar

Race Date:
2012/05/03

Race Number:
R8

Decision:

The charge is dismissed. We note Mr Dunn has stated he will change the manner in which he holds the reins when not carrying a whip to avoid any perception the ends are being used as a whip.

Charge:

Mr Wallis, stipendiary steward, alleged that Mr D Dunn (MUM BEAT LYALL) used the ends of his reins as a whip over the concluding stages.

Facts:

Rule 866 states: No horseman shall use in a race: (b) the ends of the reins as a whip.

Submissions for Decision:

Mr Wallis demonstrated on the video that Mr Dunn was driving with the reins sticking out some 6 inches in his hands. He emphasised that the respondent had permission not to carry a whip. He said there were 2 strikes with the reins and then some rapid fire action, which he believed were with the ends of the reins. He said it was a matter of perception as it would have appeared that the respondent was using the ends of the reins as a whip.

Mr Dunn said the reins were sticking through his hands with 6 inches out the top. He said MUM BEAT LYALL’s rump was about ½ a metre away and that it was therefore impossible for the ends of the reins to come into contact with the horse. He said he was simply hitting the rump of the horse with the reins, as he would do normally. He said because of the gear the horse was wearing it could not see backwards and would be quite unaware of any movement he was making with the ends of the reins. He said he was not using the ends to hit the shafts nor the dust cover.

Mr Wallis agreed Mr Dunn did not appear to be hitting either shaft. He believed the video was not clear with respect to the cover. 

Reasons for Decision:

We are satisfied that the ends of the reins never came into contact with MUM BEAT LYALL. Mr Dunn appears to be chasing the horse up with the reins in the usual manner and the perception that the ends are being used is created by the fact that the reins can clearly be seen to be sticking out of the respondent’s hands by some 6 inches and there is distinct vertical hand movement. But these ends clearly never come into contact with the horse and we doubt whether they touch any part of the cart. Certainly the respondent never takes a fist full of the reins and then uses the ends to hit the horse, which we perceive to be the likely intent of the rule.

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: 164b16ca52120eac610788fd298718c6


informantnumber: 5617


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 18/04/2012


hearing_title: Forbury Park TC 3 May 2012 - R 8


charge:

Mr Wallis, stipendiary steward, alleged that Mr D Dunn (MUM BEAT LYALL) used the ends of his reins as a whip over the concluding stages.


facts:

Rule 866 states: No horseman shall use in a race: (b) the ends of the reins as a whip.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis demonstrated on the video that Mr Dunn was driving with the reins sticking out some 6 inches in his hands. He emphasised that the respondent had permission not to carry a whip. He said there were 2 strikes with the reins and then some rapid fire action, which he believed were with the ends of the reins. He said it was a matter of perception as it would have appeared that the respondent was using the ends of the reins as a whip.

Mr Dunn said the reins were sticking through his hands with 6 inches out the top. He said MUM BEAT LYALL’s rump was about ½ a metre away and that it was therefore impossible for the ends of the reins to come into contact with the horse. He said he was simply hitting the rump of the horse with the reins, as he would do normally. He said because of the gear the horse was wearing it could not see backwards and would be quite unaware of any movement he was making with the ends of the reins. He said he was not using the ends to hit the shafts nor the dust cover.

Mr Wallis agreed Mr Dunn did not appear to be hitting either shaft. He believed the video was not clear with respect to the cover. 


reasonsfordecision:

We are satisfied that the ends of the reins never came into contact with MUM BEAT LYALL. Mr Dunn appears to be chasing the horse up with the reins in the usual manner and the perception that the ends are being used is created by the fact that the reins can clearly be seen to be sticking out of the respondent’s hands by some 6 inches and there is distinct vertical hand movement. But these ends clearly never come into contact with the horse and we doubt whether they touch any part of the cart. Certainly the respondent never takes a fist full of the reins and then uses the ends to hit the horse, which we perceive to be the likely intent of the rule.


Decision:

The charge is dismissed. We note Mr Dunn has stated he will change the manner in which he holds the reins when not carrying a whip to avoid any perception the ends are being used as a whip.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 866(b)


Informant: Mr S Wallis, Stipendiary Steward, Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr D Dunn - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9e0997aafda67950f89fba87ffb9cfba


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ffb9a2b3b17ac88d4564a01d66f62972


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/05/2012


meet_title: Forbury Park TC - 3 May 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: JMillar


meet_pm2: none


name: Forbury Park TC