Stratford TC 4 March 2018 – R 5 – Chair, Mr T Bird
ID: JCA14872
Meet Title:
Stratford TC - 4 March 2018
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TBird
Race Date:
2018/03/04
Race Number:
R 5
Decision:
As Mr Pyers has admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $300 on Mr Pyers.
Facts:
Following the running of Race 5, CMK ACCOUNTANTS/MORE FM MOBILE PACE 1800m, Mr Mulcay submitted an Information alleging that Open Horseman Mr A Pyers, driving TOLL GATE used his whip excessively inside the final 400 metres.
Mr Pyers signed the Information that he admitted the breach and that he did not wish to be present at the hearing.
Rule 869(2)(a) provides that '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 Regulations provide that 'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky.'
Using the available films Mr Balcombe identified the horse TOLL GATE as the field entered the home straight. The horse was racing midfield and being angled out wide to make his finishing- run. Soon after passing the 300m marker, Mr Pyers applied the whip in a striking motion and Toll Gate responded well to challenge for the lead. Mr Pyers continued to strike the horse, driving vigorously, until the finish line. Toll Gate was placed second, beaten a head.
Mr Mulcay added that the Stewards' position was that Mr Pyers used his whip 16 times in over the final 400 metres in contravention of the rule.
Submissions for Penalty:
Mr Mulcay referred the JCA’s sliding scale penalties starting point “Use of the whip Regulations” which provides for a starting point of a $300 fine where the Rule is breached by a driver striking a horse between 14-16 times. He added that Mr Pyers' mitigating were that Mr Pyers had admitted the breach, and that he did not have any prior breaches of the whip rules in the preceding six months.
Mr Mulcay informed the committee that stewards had advised Mr Pyers to alter his use of the whip action technique to a less extravagant one in future.
Reasons for Penalty:
The Committee confirmed that the starting point in the JCA Guidelines is a fine of $300 where the breach involved 14 to 16 strikes. We note Mr Pyers has a clear record under the rule since January 2016 and that he admits this breach. There are no aggravating circumstances which would call for an uplift on the starting point.
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: 865635d0fe768d5f4c3e385468d80ae3
informantnumber: A10551
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 05/03/2018
hearing_title: Stratford TC 4 March 2018 - R 5 - Chair, Mr T Bird
charge:
facts:
Following the running of Race 5, CMK ACCOUNTANTS/MORE FM MOBILE PACE 1800m, Mr Mulcay submitted an Information alleging that Open Horseman Mr A Pyers, driving TOLL GATE used his whip excessively inside the final 400 metres.
Mr Pyers signed the Information that he admitted the breach and that he did not wish to be present at the hearing.
Rule 869(2)(a) provides that '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 Regulations provide that 'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky.'
Using the available films Mr Balcombe identified the horse TOLL GATE as the field entered the home straight. The horse was racing midfield and being angled out wide to make his finishing- run. Soon after passing the 300m marker, Mr Pyers applied the whip in a striking motion and Toll Gate responded well to challenge for the lead. Mr Pyers continued to strike the horse, driving vigorously, until the finish line. Toll Gate was placed second, beaten a head.
Mr Mulcay added that the Stewards' position was that Mr Pyers used his whip 16 times in over the final 400 metres in contravention of the rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Pyers has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred the JCA’s sliding scale penalties starting point “Use of the whip Regulations” which provides for a starting point of a $300 fine where the Rule is breached by a driver striking a horse between 14-16 times. He added that Mr Pyers' mitigating were that Mr Pyers had admitted the breach, and that he did not have any prior breaches of the whip rules in the preceding six months.
Mr Mulcay informed the committee that stewards had advised Mr Pyers to alter his use of the whip action technique to a less extravagant one in future.
reasonsforpenalty:
The Committee confirmed that the starting point in the JCA Guidelines is a fine of $300 where the breach involved 14 to 16 strikes. We note Mr Pyers has a clear record under the rule since January 2016 and that he admits this breach. There are no aggravating circumstances which would call for an uplift on the starting point.
penalty:
Accordingly we impose a fine of $300 on Mr Pyers.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr A Pyers - Open Horseman
Otherperson: Mr Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 250126299b5d3014b4245704cd9b8068
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b4ae3ad423b607d1bc58c0509b815879
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2018
meet_title: Stratford TC - 4 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: stratford-tc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: TBird
meet_pm2: none
name: Stratford TC