Oamaru HRC 20 May 2018 – R 2 – Chair, Mr Greg Clapp
ID: JCA18750
Hearing Type (Code):
harness-racing
Meet Title:
Oamaru HRC - 20 May 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
GClapp
Race Date:
2018/05/20
Race Number:
R2
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault – Stipendiary Steward
Respondent: Mr K O’Reilly – Licensed Open Horseman
Information No: A10187
Meeting: Oamaru Harness Racing Club
Date: 20 May 2018
Venue: Oamaru Racecourse, Oamaru
Race No: 2
Rule No: 869(2)(f)
Judicial Committee: Mr G Clapp, Chairman, - Mr P Knowles, Committee Member
Also Present: Mr R Quirk – Stipendiary Steward
Charge: Excessive use of whip regulation
Plea: Denied
Evidence:
Following the running of Race 2, the ONE SMART COFFEE PACE, an Information was filed by Stipendiary Steward, Mr S Renault against Mr K O’Reilly, alleging a breach of Rule 869 (2) and Use of Whip Regulation (f) in that Mr O’Reilly “…used his whip in contravention of clause (f) in the use of the whip guidelines.”
Rule 869 (2) reads as follows:
No horseman shall during any race use a whip in a manner in contravention to the Use of the Whip Regulation’s made by the Board.
Use of Whip Regulation clause (f) reads:
The whip must not be used excessively prior to the final 400m.
Mr O’Reilly was present at the hearing and did not admit to the breach.
Submissions for Decision:
Using the side-on, and back straight head-on films Mr Renault had Mr Quirk identify Mr O’Reilly at the 700 metre mark. Mr O’Reilly was two-wide and one-back before shifting outwards at the 700 metre mark. The Stewards counted 22 strikes from the 700 metres to 400 metres mark. Mr Renault showed 8 strikes then a pause, 7 strikes a pause and another 7 strikes. Mr Renault said the use of the whip guideline (f) stipulates the use of the whip must not be used excessively prior to the 400 metres.
Mr O’Reilly said that it is not what he would call excessive strikes. He said he had his hands on the reigns and was telling it to go forward. He agreed with the number but did not believe the way he was using the whip was a strike.
Reason for Decision:
The committee considered all evidence from both parties and the film replays that were shown at length. We accepted the strike count of 22, although there had been a break at times. We could not accept Mr O’Reilly’s belief that it was not excessive because of the number of strikes in a short distance. The back straight video clearly showed Mr O’Reilly using his whip 14 times before the final bend. Mr O’Reilly’s use of the whip is excessive.
Decision:
The charge against Mr O’Reilly was found proved.
Submissions for Penalty:
Mr Renault stated that Mr O’Reilly was not a very busy driver. In 2015/16 season he had 19 drives, in 2017 he had no drives and in the current season to date has had 5 drives. He said that Mr O’Reilly had a clear record. He stated that the JCA Penalty Guide for clause (f) provided a $300 fine starting point. However, due to the high number of strikes he sought a $500 fine.
Mr O’Reilly believed with his good record the committee may reduce the fine more.
Reasons for Penalty:
In setting a penalty the committee referred to the JCA Penalty Guidelines (Use of the Whip) clause (f) which allows for a standard fine of $300 for a breach of the Rule. We also referred to clause (b) and in particular the sliding scale of penalties where 17 plus strikes commands a $500 fine. Mr O’Reilly’s use of the whip was in excess of 17 strikes and up to 22 strikes within a distance of 300 metres which the committee deemed to be excessive.
We find that the number of strikes with the whip is at the high end of excessive and warrants a penalty higher than clause (f) allows. In this instance we believe a $500 fine under the sliding scale for 17 plus strikes is the appropriate penalty.
Penalty:
Accordingly, Mr O’Reilly is fined the sum of $500.
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: 12a4366d6a8bedff79add401c6dd79b3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/05/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Oamaru HRC 20 May 2018 - R 2 - Chair, Mr Greg Clapp
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault – Stipendiary Steward
Respondent: Mr K O’Reilly – Licensed Open Horseman
Information No: A10187
Meeting: Oamaru Harness Racing Club
Date: 20 May 2018
Venue: Oamaru Racecourse, Oamaru
Race No: 2
Rule No: 869(2)(f)
Judicial Committee: Mr G Clapp, Chairman, - Mr P Knowles, Committee Member
Also Present: Mr R Quirk – Stipendiary Steward
Charge: Excessive use of whip regulation
Plea: Denied
Evidence:
Following the running of Race 2, the ONE SMART COFFEE PACE, an Information was filed by Stipendiary Steward, Mr S Renault against Mr K O’Reilly, alleging a breach of Rule 869 (2) and Use of Whip Regulation (f) in that Mr O’Reilly “…used his whip in contravention of clause (f) in the use of the whip guidelines.”
Rule 869 (2) reads as follows:
No horseman shall during any race use a whip in a manner in contravention to the Use of the Whip Regulation’s made by the Board.
Use of Whip Regulation clause (f) reads:
The whip must not be used excessively prior to the final 400m.
Mr O’Reilly was present at the hearing and did not admit to the breach.
Submissions for Decision:
Using the side-on, and back straight head-on films Mr Renault had Mr Quirk identify Mr O’Reilly at the 700 metre mark. Mr O’Reilly was two-wide and one-back before shifting outwards at the 700 metre mark. The Stewards counted 22 strikes from the 700 metres to 400 metres mark. Mr Renault showed 8 strikes then a pause, 7 strikes a pause and another 7 strikes. Mr Renault said the use of the whip guideline (f) stipulates the use of the whip must not be used excessively prior to the 400 metres.
Mr O’Reilly said that it is not what he would call excessive strikes. He said he had his hands on the reigns and was telling it to go forward. He agreed with the number but did not believe the way he was using the whip was a strike.
Reason for Decision:
The committee considered all evidence from both parties and the film replays that were shown at length. We accepted the strike count of 22, although there had been a break at times. We could not accept Mr O’Reilly’s belief that it was not excessive because of the number of strikes in a short distance. The back straight video clearly showed Mr O’Reilly using his whip 14 times before the final bend. Mr O’Reilly’s use of the whip is excessive.
Decision:
The charge against Mr O’Reilly was found proved.
Submissions for Penalty:
Mr Renault stated that Mr O’Reilly was not a very busy driver. In 2015/16 season he had 19 drives, in 2017 he had no drives and in the current season to date has had 5 drives. He said that Mr O’Reilly had a clear record. He stated that the JCA Penalty Guide for clause (f) provided a $300 fine starting point. However, due to the high number of strikes he sought a $500 fine.
Mr O’Reilly believed with his good record the committee may reduce the fine more.
Reasons for Penalty:
In setting a penalty the committee referred to the JCA Penalty Guidelines (Use of the Whip) clause (f) which allows for a standard fine of $300 for a breach of the Rule. We also referred to clause (b) and in particular the sliding scale of penalties where 17 plus strikes commands a $500 fine. Mr O’Reilly’s use of the whip was in excess of 17 strikes and up to 22 strikes within a distance of 300 metres which the committee deemed to be excessive.
We find that the number of strikes with the whip is at the high end of excessive and warrants a penalty higher than clause (f) allows. In this instance we believe a $500 fine under the sliding scale for 17 plus strikes is the appropriate penalty.
Penalty:
Accordingly, Mr O’Reilly is fined the sum of $500.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)and use of whip regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f9caf288a2317ac44fb6adf4b87d38d9
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meetdate: 20/05/2018
meet_title: Oamaru HRC - 20 May 2018
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meet_racingtype: harness-racing
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name: Oamaru HRC