Manawatu HRC 2 May 2019 – R 3 – Chair, Mr T Utikere
ID: JCA14203
Meet Title:
Wairarapa HRC - 2 May 2019
Meet Chair:
TUtikere
Race Date:
2019/05/02
Race Number:
R1
Decision:
As the charge was admitted, the Committee deem the charge proved.
Penalty:
Mr Morrison is fined $200.
Facts:
Following the running of Race 3 (Media Work’s Mobile Pace 2500m) Information A10267 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the Use of the Whip Regulations Clause (d), specifically that Mr Morrison “...used his whip when out of contention driving MADIBA over the final stages.”
Rule 869(2) states: “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.”
Clause (d) of the Regulations identify that “No horseman shall apply the whip to a runner which is out of contention for either a stake or dividend bearing place or on any horse which is not responding or unable to hold its position in the race.”
Mr Morrison confirmed that he understood the relevant Rule and Regulation, and that he admitted the breach.
Using the relevant head-on and side-on films, Mr Mulcay identified MADIBA positioned closer to the running rail as the field entered the home straight. Mr Morrison had used his whip on three occasions, when the stewards believed his runner was clearly out of contention; and unlikely to finish in a dividend or stake bearing position. It was also confirmed that MADIBA had finished in eighth position.
Mr Morrison said that he had only used the whip three times and he did not feel that he was out of contention; believing that there was a real possibility that he may finish in fourth position. After reviewing the films, he accepted that he was further back than he had thought at the time, and as such had elected to plead guilty to the charge.
Submissions for Penalty:
Mr Mulcay identified the JCA Penalty Guidelines starting point of a $300 fine for a breach of Clause (d) of the Use of the Whip Regulations. Given Mr Morrison’s admission and his clear record under the rule, he submitted that a reduction was appropriate. In response to a question from the Chairman as to Whip breaches potentially being ‘mitigation inclusive’, Mr Mulcay submitted that a reduction may be justified as the whip was only used on three occasions and that this was Mr Morrison’s first offence.
Mr Morrison asked for a low penalty, citing that a $300 fine for this offence was unfairly harsh. He also identified that once he had realised he was out of contention, he ceased his whip use prior to the winning post. When questioned by the Chairman about possible animal welfare considerations for those viewing the race on television, he believed that the number of times he used his whip would not generate any concern.
Reasons for Penalty:
Mr Morrison has accepted that he has used his whip outside of the Use of Whip Regulations. The Committee rejects the assertion that those watching the race via television would not be concerned, as the perception of animal welfare issues are a significant consideration with regard to whip breaches. In approaching penalty, the Committee notes that the starting points for whip breaches, may often be seen as mitigation inclusive with regard to admission of the breach and the respondent’s record. However, each breach must also have regard to the context within which the breach arises. In the context of the current charge, the Committee accepts that it is appropriate to apply the number of strikes (namely three) and the fact that Mr Morrison stopped using the whip prior to the finish of the race, in mitigation. While Mr Morrison did cease his use of the whip over the final stages, it remains unfortunate that such cessation did not occur earlier.
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: a70d0662e1275e629ac28906f89a12ff
informantnumber: A10267
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Use of Whip on a runner out of contention
plea: admitted
penaltyrequired: 1
decisiondate: 02/05/2019
hearing_title: Manawatu HRC 2 May 2019 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (Media Work’s Mobile Pace 2500m) Information A10267 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the Use of the Whip Regulations Clause (d), specifically that Mr Morrison “...used his whip when out of contention driving MADIBA over the final stages.”
Rule 869(2) states: “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.”
Clause (d) of the Regulations identify that “No horseman shall apply the whip to a runner which is out of contention for either a stake or dividend bearing place or on any horse which is not responding or unable to hold its position in the race.”
Mr Morrison confirmed that he understood the relevant Rule and Regulation, and that he admitted the breach.
Using the relevant head-on and side-on films, Mr Mulcay identified MADIBA positioned closer to the running rail as the field entered the home straight. Mr Morrison had used his whip on three occasions, when the stewards believed his runner was clearly out of contention; and unlikely to finish in a dividend or stake bearing position. It was also confirmed that MADIBA had finished in eighth position.
Mr Morrison said that he had only used the whip three times and he did not feel that he was out of contention; believing that there was a real possibility that he may finish in fourth position. After reviewing the films, he accepted that he was further back than he had thought at the time, and as such had elected to plead guilty to the charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deem the charge proved.
sumissionsforpenalty:
Mr Mulcay identified the JCA Penalty Guidelines starting point of a $300 fine for a breach of Clause (d) of the Use of the Whip Regulations. Given Mr Morrison’s admission and his clear record under the rule, he submitted that a reduction was appropriate. In response to a question from the Chairman as to Whip breaches potentially being ‘mitigation inclusive’, Mr Mulcay submitted that a reduction may be justified as the whip was only used on three occasions and that this was Mr Morrison’s first offence.
Mr Morrison asked for a low penalty, citing that a $300 fine for this offence was unfairly harsh. He also identified that once he had realised he was out of contention, he ceased his whip use prior to the winning post. When questioned by the Chairman about possible animal welfare considerations for those viewing the race on television, he believed that the number of times he used his whip would not generate any concern.
reasonsforpenalty:
Mr Morrison has accepted that he has used his whip outside of the Use of Whip Regulations. The Committee rejects the assertion that those watching the race via television would not be concerned, as the perception of animal welfare issues are a significant consideration with regard to whip breaches. In approaching penalty, the Committee notes that the starting points for whip breaches, may often be seen as mitigation inclusive with regard to admission of the breach and the respondent’s record. However, each breach must also have regard to the context within which the breach arises. In the context of the current charge, the Committee accepts that it is appropriate to apply the number of strikes (namely three) and the fact that Mr Morrison stopped using the whip prior to the finish of the race, in mitigation. While Mr Morrison did cease his use of the whip over the final stages, it remains unfortunate that such cessation did not occur earlier.
penalty:
Mr Morrison is fined $200.
hearing_type: Hearing
Rules: Rule 869(2) and Use of the Whip Regulations - Clause (d)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr D Morrison - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eedc027911474d0fd820189d04d951f9
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: 0a135bceef2356f7cd94ffe0b35e00da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2019
meet_title: Wairarapa HRC - 2 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Wairarapa HRC