Archive Decision

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Invercargill HRC 16 February 2014 – R 2

ID: JCA17352

Applicant:
Mr J McLaughlin, stipendiary steward

Respondent(s):
Mr A Black, open horseman

Information Number:
1924

Hearing Type:
Hearing

New Charge:
using whip outside confines of sulky

Rules:
r 869(2)(c), No horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat.

Plea:
admitted

Meet Title:
Invercargill HRC - 16 February 2014

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2014/02/16

Race Number:
R2

Decision:

Mr Black admitted the breach. We find the breach proved.

Penalty:

The recommended starting point in the Penalty Guide is a fine of $200. We have regard to Mr Black’s submission that he be suspended rather than fined.

He is suspended from the end of racing today 16 February up to and including 22 February. This is one day and he is reminded of his professional obligations.

Facts:

Mr McLaughlin had Mr Wallis, stipendiary steward, demonstrate on the videos that the respondent used his whip once outside the confines of the sulky in the run home. Mr Black struck the inside sulky wheel near the top of the straight. It was clear that the respondent deliberately hit the wheel disc.

Mr Black said it was a silly thing to do and was questioned whether it was to generate a noise to encourage the horse to continue giving its best. He said that it was, but the horse had failed to respond. He added he had quickly concluded the horse had already given its best.

Submissions for Penalty:

Mr McLaughlin produced the respondent’s record, which was clear under this rule. Mr Black only drives infrequently: 10 drives this season; 6 last season; and 18 the year before. He submitted a fine at the low end was appropriate.

Mr Black said he had 3 drives at Wyndham on Saturday and further drives at Winton the following week. He asked that the Committee consider a suspension rather than a fine.

Reasons for Penalty:

This is not a grave breach of the particular rule. With approximately 170 metres to race Mr Black can be seen to strike the disc of the inside sulky wheel. There is no other horse or horseman in the near vicinity. But the hitting of the disc is an obvious safety issue.

Mr Black has an excellent record, although this is tempered somewhat by the fact he only drives infrequently. He has also readily admitted the breach and has co-operated fully with the stewards.

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: fcd96fd6085bc04401b89c63758f892e


informantnumber: 1924


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: using whip outside confines of sulky


plea: admitted


penaltyrequired: 1


decisiondate: 10/02/2014


hearing_title: Invercargill HRC 16 February 2014 - R 2


charge:


facts:

Mr McLaughlin had Mr Wallis, stipendiary steward, demonstrate on the videos that the respondent used his whip once outside the confines of the sulky in the run home. Mr Black struck the inside sulky wheel near the top of the straight. It was clear that the respondent deliberately hit the wheel disc.

Mr Black said it was a silly thing to do and was questioned whether it was to generate a noise to encourage the horse to continue giving its best. He said that it was, but the horse had failed to respond. He added he had quickly concluded the horse had already given its best.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Black admitted the breach. We find the breach proved.


sumissionsforpenalty:

Mr McLaughlin produced the respondent’s record, which was clear under this rule. Mr Black only drives infrequently: 10 drives this season; 6 last season; and 18 the year before. He submitted a fine at the low end was appropriate.

Mr Black said he had 3 drives at Wyndham on Saturday and further drives at Winton the following week. He asked that the Committee consider a suspension rather than a fine.


reasonsforpenalty:

This is not a grave breach of the particular rule. With approximately 170 metres to race Mr Black can be seen to strike the disc of the inside sulky wheel. There is no other horse or horseman in the near vicinity. But the hitting of the disc is an obvious safety issue.

Mr Black has an excellent record, although this is tempered somewhat by the fact he only drives infrequently. He has also readily admitted the breach and has co-operated fully with the stewards.


penalty:

The recommended starting point in the Penalty Guide is a fine of $200. We have regard to Mr Black’s submission that he be suspended rather than fined.

He is suspended from the end of racing today 16 February up to and including 22 February. This is one day and he is reminded of his professional obligations.


hearing_type: Hearing


Rules: r 869(2)(c), No horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat.


Informant: Mr J McLaughlin, stipendiary steward


JockeysandTrainer: Mr A Black, open horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d107f31e812be4fc479c4e14494945df


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 334681b42fbcf496a522ef71cfde526f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/02/2014


meet_title: Invercargill HRC - 16 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Invercargill HRC