Stratford TC 27 February 2020 – R 8 – Chair, Mr T Utikere
ID: JCA17158
Meet Title:
Stratford TC - 27 February 2020
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2020/02/27
Race Number:
R8
Decision:
The Committee find the charge proved.
Penalty:
Mr Dickson is suspended from the close of racing on Saturday 29 February until the close of racing on Thursday 19 March.
Facts:
Following the running of Race 8 (RJ EAGAR LTD/MCDONALD REAL ESTATE MOBILE PACE 1800m) Information A11703 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Dickson "...used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations". Mr Dickson acknowledged that he understood the Rule and Regulations and that he denied the breach.
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."
Submissions for Decision:
Using the side-on film Mr Muirhead identified Mr Dickson (JIVE) positioned three-wide at the 400 metres. Mr Muirhead submitted that he had struck his horse 17 to 18 times, and that as the whip was in his hand on each occasion, regardless of whether both hands were on the rein, they were deemed to be ‘strikes’.
Mr Dickson had no questions of Mr Muirhead, but identified that his horse at the time had been lugging in. As he had been holding the reins with both of his hands, he did not believe that the movement of his right hand with his whip in it could be described as ‘strikes’. Therefore, he submitted that only the final 10 freehand strikes were to be counted for the purposes of the rule. In response to a question from Mr Muirhead, he believed that the perception of a strike was quite different to an actual strike.
Reasons for Decision:
We have observed from the side-on film that from the 400 metres Mr Dickson used his whip on 8 occasions whilst holding the rein in his right hand. He then delivers 10 strikes whilst that hand is free of the rein. It is clear to us that in each of the 18 instances that he used his whip in that striking motion, clear force was being applied. Clause (b) of the Regulations has no distinction between whip use that is free of the rein or with the rein, what must not occur is the use of the whip by a horseman in a striking motion; which is clearly what Mr Dickson has done.
Submissions for Penalty:
Mr Muirhead identified a previous breach at the Kapiti Coast Meeting on 2 February for which Mr Dickson was fined $200. As this was his second offence, the RIU submitted a suspension as appropriate.
When invited to make submissions, Mr Dickson said that with regard to a period of suspension, it ”was not a major”, and that he had commitments at New Plymouth on Saturday 29 February.
Reasons for Penalty:
It is clear from the side-on film that Mr Dickson used his whip 18 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. Although all appeared to be forceful, it is nonetheless fortunate that Mr Dickson did not have a free hand for all 18 strikes. While he may have taken issue with the perception of whip use to what occurs in reality, the public perception of excessive whip striking actions do give rise to animal welfare concerns. The JCA Penalty Guide identifies a starting point for a second breach of this Rule as a 3-5 days suspension. When assessing the current breach we consider a 4 days suspension as appropriate.
JCA Decision Fields (raw)
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hearingid: d3d7c7d09c3d421feae5492aba534604
informantnumber: A11703
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: denied
penaltyrequired: 1
decisiondate: 27/02/2020
hearing_title: Stratford TC 27 February 2020 - R 8 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 8 (RJ EAGAR LTD/MCDONALD REAL ESTATE MOBILE PACE 1800m) Information A11703 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Dickson "...used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations". Mr Dickson acknowledged that he understood the Rule and Regulations and that he denied the breach.
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."
appealdecision:
isappeal:
submissionsfordecision:
Using the side-on film Mr Muirhead identified Mr Dickson (JIVE) positioned three-wide at the 400 metres. Mr Muirhead submitted that he had struck his horse 17 to 18 times, and that as the whip was in his hand on each occasion, regardless of whether both hands were on the rein, they were deemed to be ‘strikes’.
Mr Dickson had no questions of Mr Muirhead, but identified that his horse at the time had been lugging in. As he had been holding the reins with both of his hands, he did not believe that the movement of his right hand with his whip in it could be described as ‘strikes’. Therefore, he submitted that only the final 10 freehand strikes were to be counted for the purposes of the rule. In response to a question from Mr Muirhead, he believed that the perception of a strike was quite different to an actual strike.
reasonsfordecision:
We have observed from the side-on film that from the 400 metres Mr Dickson used his whip on 8 occasions whilst holding the rein in his right hand. He then delivers 10 strikes whilst that hand is free of the rein. It is clear to us that in each of the 18 instances that he used his whip in that striking motion, clear force was being applied. Clause (b) of the Regulations has no distinction between whip use that is free of the rein or with the rein, what must not occur is the use of the whip by a horseman in a striking motion; which is clearly what Mr Dickson has done.
Decision:
The Committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead identified a previous breach at the Kapiti Coast Meeting on 2 February for which Mr Dickson was fined $200. As this was his second offence, the RIU submitted a suspension as appropriate.
When invited to make submissions, Mr Dickson said that with regard to a period of suspension, it ”was not a major”, and that he had commitments at New Plymouth on Saturday 29 February.
reasonsforpenalty:
It is clear from the side-on film that Mr Dickson used his whip 18 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. Although all appeared to be forceful, it is nonetheless fortunate that Mr Dickson did not have a free hand for all 18 strikes. While he may have taken issue with the perception of whip use to what occurs in reality, the public perception of excessive whip striking actions do give rise to animal welfare concerns. The JCA Penalty Guide identifies a starting point for a second breach of this Rule as a 3-5 days suspension. When assessing the current breach we consider a 4 days suspension as appropriate.
penalty:
Mr Dickson is suspended from the close of racing on Saturday 29 February until the close of racing on Thursday 19 March.
hearing_type: Hearing
Rules: Rule 869(2) and Clause (b) of the Use of Whip Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Dickson - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 664143572dbde2fb31a5215adec00448
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 762c4996f121d842206841c2f96f1746
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/02/2020
meet_title: Stratford TC - 27 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: stratford-tc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Stratford TC