Oamaru HRC – 30 January 2011 – R3
ID: JCA11360
Meet Title:
Oamaru HRC - 30 January 2011
Meet Chair:
GHall
Meet Committee Member 1:
JEagles
Race Date:
2011/01/30
Race Number:
R3
Decision:
The defendant is found to be in breach of r 869(2)(a).
Penalty:
Balancing these factors, we impose a fine of $150.
Charge:
Mr Wallis alleged that Mr R Beale (HANOVER FAIR) used his whip in an excessive manner in the run home.
Facts:
Mr Wallis demonstrated on the video that the defendant used his whip some 28 to 29 times on HANOVER FAIR in the run home.
Submissions for Decision:
Mr Wallis said the strikes were not forceful but they were continuous and were contrary to the whip guidelines and thus Mr Beale was in breach of r 869(2)(a).
Mr Beale said he was only tapping the horse. The whip was never lifted above his shoulder and there were no marks on the horse. He said if the horse was hit hard she would go backwards.
Reasons for Decision:
The video evidence shows that Mr Beale used the whip some 28 times on HANOVER FAIR in the home straight. There is a break after the first 4 or 5 but we count some 24 strikes since that time.
In Mr Beale's favour is that these strikes are far from being forceful. They are taps with the whip. Unfortunately, they are numerous and continuous and have brought the defendant foul of the guidelines and the rule.
Submissions for Penalty:
Mr Wallis asked for a fine of $250, which he said was in accord with the Penalty Guide. He said the breach was at the bottom of the range for force of the strokes but at the top with respect to the number of strikes.
Mr Beale said he was trying to prove a point with the horse and reiterated he did not believe he was in breach of the rule.
When questioned by this Committee, he said he had never previously been charged with a breach of this rule.
Reasons for Penalty:
The numerous and continuous nature of the defendant's use of the whip has resulted in our finding Mr Beale is in breach of the rule. He was only tapping the horse and this, in our view, is a significant mitigating factor. Mr Beale said this was his only drive this season and he was trying to prove a point. We take this to mean, from Mr Beale's earlier comment, that the horse would not respond to a forceful use of the whip but had to have her mind kept on the job. He has said this is the first time he has ever breached this rule in a long time in the industry.
We contemplated just entering the breach on Mr Beale's record but believe Mr Wallis is correct when he says the number of strikes and their continued nature is towards the top end.
JCA Decision Fields (raw)
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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: 181d0ae42878e9e662cea695af9a1951
informantnumber: 69115
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Oamaru HRC - 30 January 2011 - R3
charge:
Mr Wallis alleged that Mr R Beale (HANOVER FAIR) used his whip in an excessive manner in the run home.
facts:
Mr Wallis demonstrated on the video that the defendant used his whip some 28 to 29 times on HANOVER FAIR in the run home.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis said the strikes were not forceful but they were continuous and were contrary to the whip guidelines and thus Mr Beale was in breach of r 869(2)(a).
Mr Beale said he was only tapping the horse. The whip was never lifted above his shoulder and there were no marks on the horse. He said if the horse was hit hard she would go backwards.
reasonsfordecision:
The video evidence shows that Mr Beale used the whip some 28 times on HANOVER FAIR in the home straight. There is a break after the first 4 or 5 but we count some 24 strikes since that time.
In Mr Beale's favour is that these strikes are far from being forceful. They are taps with the whip. Unfortunately, they are numerous and continuous and have brought the defendant foul of the guidelines and the rule.
Decision:
The defendant is found to be in breach of r 869(2)(a).
sumissionsforpenalty:
Mr Wallis asked for a fine of $250, which he said was in accord with the Penalty Guide. He said the breach was at the bottom of the range for force of the strokes but at the top with respect to the number of strikes.
Mr Beale said he was trying to prove a point with the horse and reiterated he did not believe he was in breach of the rule.
When questioned by this Committee, he said he had never previously been charged with a breach of this rule.
reasonsforpenalty:
The numerous and continuous nature of the defendant's use of the whip has resulted in our finding Mr Beale is in breach of the rule. He was only tapping the horse and this, in our view, is a significant mitigating factor. Mr Beale said this was his only drive this season and he was trying to prove a point. We take this to mean, from Mr Beale's earlier comment, that the horse would not respond to a forceful use of the whip but had to have her mind kept on the job. He has said this is the first time he has ever breached this rule in a long time in the industry.
We contemplated just entering the breach on Mr Beale's record but believe Mr Wallis is correct when he says the number of strikes and their continued nature is towards the top end.
penalty:
Balancing these factors, we impose a fine of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr Wallis
JockeysandTrainer: Mr R Beale
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 145f479e4ac8fbf247034c0d699bc514
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 850b8e1f0e0a5be25165205ee1a30e69
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2011
meet_title: Oamaru HRC - 30 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JEagles", "Member": "", "OtherExpenses": "0", "KMs": "290", "Total": "179.8", "kmprice": 179.80000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: JEagles
meet_pm2: none
name: Oamaru HRC