Methven TC 16 September 2018 – R 5 – Chair, Mr R McKenzie
ID: JCA10676
Meet Title:
Methven TC - 16 September 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/09/16
Race Number:
R5
Decision:
Mr McNally having admitted the charge, the charge was found proved.
Penalty:
Mr McNally is fined the sum of $300.
Facts:
Following the running of Race 5, Cashmere Club Trot, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr SR McNally, alleging that, as the driver of WOT UP in the race, he “used his whip on more occasions than permitted in the Whip Regulations Clause (b)”.
Mr McNally had signed the Statement by the Respondent on the information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the information. This was confirmed by Mr Renault.
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 (effective from 1 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more that ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out WOT UP, driven by Mr McNally, racing on the markers at the rear of the field as the field approached the home straight. Mr Ydgren alleged that, from that point, Mr McNally used his whip on 16 occasions in the final straight, excluding 2-3 “taps” early on, that Stewards were not counting. For the last 50 metres, Mr Renault said, Mr McNally was held up otherwise the number may have got higher. The count of 16 was accepted by Mr McNally, Mr Renault said.
Submissions for Penalty:
Mr Renault informed the Committee that Mr McNally has had 11 drives to date this season and, in the 2017/2018 season, had a total of 251 drives. He has a clear record under the Rule in the last 12 months.
Mr Renault referred to the sliding scale prescribed in the Regulations for a breach involving a number of strikes in the 14-16 range providing for a fine of $300, and he submitted that that was the appropriate penalty for this breach.
Reasons for Penalty:
The Committee was satisfied that Mr McNally had used his whip in a striking motion on 16 occasions inside the final 400 metres of the race and noted that he had acknowledged that count. Mr Renault correctly submitted that the Use of the Whip Regulations prescribed a fine of $300 for 16 strikes by a first offender, as Mr McNally is deemed to be, having a clear record in the past 6 months (being the “reset period”) and, in fact, longer.
There are no exceptional factors to be taken into account by the Committee and, accordingly, we are satisfied that the fine of $300 as per the Regulations is the appropriate penalty in this instance.
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: 0fdc36a5f9ded5647059e9c2edbcddba
informantnumber: A10855
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/09/2018
hearing_title: Methven TC 16 September 2018 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Cashmere Club Trot, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr SR McNally, alleging that, as the driver of WOT UP in the race, he “used his whip on more occasions than permitted in the Whip Regulations Clause (b)”.
Mr McNally had signed the Statement by the Respondent on the information form indicating that he admitted the breach and, further, that he did not wish to be present at the hearing of the information. This was confirmed by Mr Renault.
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 (effective from 1 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more that ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out WOT UP, driven by Mr McNally, racing on the markers at the rear of the field as the field approached the home straight. Mr Ydgren alleged that, from that point, Mr McNally used his whip on 16 occasions in the final straight, excluding 2-3 “taps” early on, that Stewards were not counting. For the last 50 metres, Mr Renault said, Mr McNally was held up otherwise the number may have got higher. The count of 16 was accepted by Mr McNally, Mr Renault said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McNally having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr McNally has had 11 drives to date this season and, in the 2017/2018 season, had a total of 251 drives. He has a clear record under the Rule in the last 12 months.
Mr Renault referred to the sliding scale prescribed in the Regulations for a breach involving a number of strikes in the 14-16 range providing for a fine of $300, and he submitted that that was the appropriate penalty for this breach.
reasonsforpenalty:
The Committee was satisfied that Mr McNally had used his whip in a striking motion on 16 occasions inside the final 400 metres of the race and noted that he had acknowledged that count. Mr Renault correctly submitted that the Use of the Whip Regulations prescribed a fine of $300 for 16 strikes by a first offender, as Mr McNally is deemed to be, having a clear record in the past 6 months (being the “reset period”) and, in fact, longer.
There are no exceptional factors to be taken into account by the Committee and, accordingly, we are satisfied that the fine of $300 as per the Regulations is the appropriate penalty in this instance.
penalty:
Mr McNally is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr SR McNally Licensed Opder Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5aa987a846a4499935dff68c4256b4aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b4b0ecafbf7f9f7e816a110623368d3b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2018
meet_title: Methven TC - 16 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: Methven TC