Thames HRC 21 June 2013 – R 7
ID: JCA16826
Meet Title:
Thames HRC - 21 June 2013
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2013/06/21
Race Number:
R9
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account, Mr Neal is suspended from driving from the conclusion of racing on 21 June 2013 until the conclusion of racing on 12 July 2013. This equates to four meetings and is based on the fact that Mr Neal is likely to have one drive per meeting.
Charge:
The information alleged that “horseman A Neal used his whip excessively over the concluding stages on Three Jewels”.
Mr Neal endorsed the information “I do admit the breach” and I wish to be present at the hearing.
Facts:
This hearing arises from the running of race 7, the Sir Lincoln Thames Cup Handicap Pace.
At the commencement of the hearing Mr Neal asked the Judicial Committee (the ‘Committee’) to clarify the relevant rule and in particular the meaning of excessive use of the whip. He was advised of the Use of Whip Guidelines and the pertinent sections of the guidelines were read to him. Following this he confirmed that he admitted the breach and commented on their wide interpretation.
Mr B Jones, Assistant Stipendiary Steward demonstrated the incident by way of available head and side-on video footage. He told the Committee that between the 200 metre mark and finish, Mr Neal continuously struck his horse, Three Jewels, 22 times with his whip. Mr Muirhead said that Mr Neal’s use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Neal told the Committee that he agreed with the number of strikes. He said that his horse was running home very well and was responding to his use of the whip, but accepted that he hit his horse rapidly, particularly over the concluding 100 metres.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a first time breach of this rule at 6 drives or $300. He said that Mr Neal has a good driving record and he ought to be given some credit for admitting the charge. He recommended a penalty of between $200 and $300. Mr Neal submitted that he had limited driving opportunities and that he mostly drove his own horses. He said that his income from driving was minimal and sought a suspension as opposed to a fine.
In response, Mr Muirhead made a further submission indicating that the Stewards would urge the Committee to issue a fine, primarily because of Mr Neal’s limited number of drives during the past two seasons, 27 drives to date this season and 42 drives last season.
Reasons for Penalty:
The Committee independently assessed the breach as being mid-range in terms of severity. In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have noted Mr Neal’s good driving record and his limited driving opportunities. We also noted that his horse, Three Jewels, was finishing the race off strongly into second placing and do not accept that the likelihood of finishing in a place in any way justifies excessive, continuous or rapid use of the whip. In relation to this particular charge the Committee has the discretion to either issue a fine, suspension or a combination of both. On this occasion we have determined that a suspension is appropriate.
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: a5ef50b06c9839cec358ea872961d694
informantnumber: A3801
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Thames HRC 21 June 2013 - R 7
charge:
The information alleged that “horseman A Neal used his whip excessively over the concluding stages on Three Jewels”.
Mr Neal endorsed the information “I do admit the breach” and I wish to be present at the hearing.
facts:
This hearing arises from the running of race 7, the Sir Lincoln Thames Cup Handicap Pace.
At the commencement of the hearing Mr Neal asked the Judicial Committee (the ‘Committee’) to clarify the relevant rule and in particular the meaning of excessive use of the whip. He was advised of the Use of Whip Guidelines and the pertinent sections of the guidelines were read to him. Following this he confirmed that he admitted the breach and commented on their wide interpretation.
Mr B Jones, Assistant Stipendiary Steward demonstrated the incident by way of available head and side-on video footage. He told the Committee that between the 200 metre mark and finish, Mr Neal continuously struck his horse, Three Jewels, 22 times with his whip. Mr Muirhead said that Mr Neal’s use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Neal told the Committee that he agreed with the number of strikes. He said that his horse was running home very well and was responding to his use of the whip, but accepted that he hit his horse rapidly, particularly over the concluding 100 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a first time breach of this rule at 6 drives or $300. He said that Mr Neal has a good driving record and he ought to be given some credit for admitting the charge. He recommended a penalty of between $200 and $300. Mr Neal submitted that he had limited driving opportunities and that he mostly drove his own horses. He said that his income from driving was minimal and sought a suspension as opposed to a fine.
In response, Mr Muirhead made a further submission indicating that the Stewards would urge the Committee to issue a fine, primarily because of Mr Neal’s limited number of drives during the past two seasons, 27 drives to date this season and 42 drives last season.
reasonsforpenalty:
The Committee independently assessed the breach as being mid-range in terms of severity. In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have noted Mr Neal’s good driving record and his limited driving opportunities. We also noted that his horse, Three Jewels, was finishing the race off strongly into second placing and do not accept that the likelihood of finishing in a place in any way justifies excessive, continuous or rapid use of the whip. In relation to this particular charge the Committee has the discretion to either issue a fine, suspension or a combination of both. On this occasion we have determined that a suspension is appropriate.
penalty:
Having taken all matters into account, Mr Neal is suspended from driving from the conclusion of racing on 21 June 2013 until the conclusion of racing on 12 July 2013. This equates to four meetings and is based on the fact that Mr Neal is likely to have one drive per meeting.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr A Neal - Senior Horseman
Otherperson: Mr B Jones - Assistant Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 74d85b345286922aa293891c63522033
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f35847e80e6eddd6f2213d6dbf98678f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2013
meet_title: Thames HRC - 21 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Thames HRC