Otago RC 25 May 2018 – R 7 – Chair, Prof G Hall
ID: JCA15304
Code:
Thoroughbred
Meet Title:
Otago RC - 25 May 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/05/25
Race Number:
R 7
Decision:
Mr McNelis admitted the charge and it is found proved.
Penalty:
Mr McNelis is fined the sum of $300.
Facts:
Mr Davidson alleged that Mr McNelis (ADDITUP) used his whip excessively prior to the 100 metres in race 7 the LIST WITH RAY & ALISON KEAN OF SOUTHERN WIDE 2200 metres.
Rule 638 (3)(b)(ii) reads:
“A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive”.
The guidelines read:
“Without affecting the generality of r 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of a race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.”
Mr McLaughlin, with the aid of the videos, demonstrated that the respondent made a run down the middle of the track in the home straight and used his whip ten times, before going back to the reins. The use of the whip was thus a breach of the guidelines and the rule.
Mr McNelis agreed with the Stewards’ evidence. He said it was two and half years since he had ridden at the track and he had misjudged where the 100 metres mark was. He was putting his hands up. It was an error of judgment. He thought he was past the 100 metres mark and that was why he had carried on using the whip.
Submissions for Penalty:
Mr Davidson said this was Mr McNelis’ first breach of this rule under the new guidelines and a penalty of $300 as provided in the guideline was appropriate.
Mr McNelis said it was an honest mistake and generally he was very cautious to ensure he did not breach the rule.
Reasons for Penalty:
Mr McNelis has admitted a breach of excessive use of the whip rule. The number of strikes is 10 but this is explained by the fact that the respondent mistakenly believed he had reached the 100 metres mark.
This is Mr McNelis’ first breach of this rule. The Penalty Guide provides a fine of $300. There is no reason in the circumstances of this case to depart from that figure.
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: 8196cd0c36d4e0771baa1c2cae82ccd9
informantnumber: 9721
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/05/2018
hearing_title: Otago RC 25 May 2018 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr McNelis (ADDITUP) used his whip excessively prior to the 100 metres in race 7 the LIST WITH RAY & ALISON KEAN OF SOUTHERN WIDE 2200 metres.
Rule 638 (3)(b)(ii) reads:
“A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive”.
The guidelines read:
“Without affecting the generality of r 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of a race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.”
Mr McLaughlin, with the aid of the videos, demonstrated that the respondent made a run down the middle of the track in the home straight and used his whip ten times, before going back to the reins. The use of the whip was thus a breach of the guidelines and the rule.
Mr McNelis agreed with the Stewards’ evidence. He said it was two and half years since he had ridden at the track and he had misjudged where the 100 metres mark was. He was putting his hands up. It was an error of judgment. He thought he was past the 100 metres mark and that was why he had carried on using the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McNelis admitted the charge and it is found proved.
sumissionsforpenalty:
Mr Davidson said this was Mr McNelis’ first breach of this rule under the new guidelines and a penalty of $300 as provided in the guideline was appropriate.
Mr McNelis said it was an honest mistake and generally he was very cautious to ensure he did not breach the rule.
reasonsforpenalty:
Mr McNelis has admitted a breach of excessive use of the whip rule. The number of strikes is 10 but this is explained by the fact that the respondent mistakenly believed he had reached the 100 metres mark.
This is Mr McNelis’ first breach of this rule. The Penalty Guide provides a fine of $300. There is no reason in the circumstances of this case to depart from that figure.
penalty:
Mr McNelis is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(B)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr M McNelis - Class B Rider
Otherperson: Mr McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 726119071d42aa91fdce9a582b094e56
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dac78b5a0972d138c41568f4dac1105a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2018
meet_title: Otago RC - 25 May 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC