Thames HRC 9 January 2011 – R 6
ID: JCA12355
Meet Title:
Thames HRC - 9 January 2011
Meet Chair:
JHolloway
Meet Committee Member 1:
GJones
Race Date:
2011/01/09
Race Number:
R6
Decision:
Both breaches were established.
Penalty:
Mr Downey was suspended for two days for using his whip outside the confines of his sulky and for three days for excessive use of the whip a total of five days.
His suspension commences from the conclusion of racing on the 9th January 2011 and concludes after the end of racing at Auckland on the 28th January 2011. This includes a total of 5 North Island racing days.
Charge:
Junior Horseman Mr R Downey was charged with using his whip excessively and outside the confines of the sulky when driving Sterling Lustre over the concluding stages of Race 6.
Facts:
Stipendiary Steward Mr J Muirhead lodged an information following race 6 charging Mr Downey with breaches of Rule 869 (2)(a)&(c)
Rule 869(2)
No horseman shall during any race
(a) use his whip in an unecessary, excessive, or improper manner
.....
(c) project his whip outside the sulky.......
Mr Downey appeared for the hearing supported by senior horseman Mr F Cooney. He admitted the breach of subsection (c) and denied the breach of subsection (a). He confirmed he was familar with the particular rule and was aware of the guidelines regarding use of the whip.
In light of the plea entered Mr Muirhead requested the information be amended to include and/or to allow a finding under both subsections. The breach of rule 869(2)(c) was found proven.
Mr Muirhead read the relevant rule and the Use of the Whip guidelines issued 1 June 2009 by The Chief Stipendiary Steward.
Mr Muirhead relayed his observations from the Judges box position. From the 200 metre mark Mr Downey began striking his horse with some force and outside the confines of the sulky. The action concerned him and the film footage was subsequently reviewed.
Stipendiary Steward Mr S Wallis referred to film footage of the race and identified Mr Downey. From about the 200 metre point there were solid blows from his whip. He counted about 20 strikes of the whip. A number were flicks of the whip but there were about 12 solid blows.
Mr Downey had no questions of the Stewards.
Mr Cooney referred to the films and indicated where in his opinion Mr Downey had struck the horse about 9 times. Mr Downey had an exaggerated action which made it look more than that. He needed to get his action under control because it actually looked worse than it was.
Mr Muirhead had no questions of Mr Cooney other than to say he disputed the number of blows Mr Cooney had counted.
Submissions for Decision:
Mr Muirhead submitted the actions of Mr Downey were a clear breach of the rules and the use of Whip guidelines. The horse had been hit too many times and with some force
Mr Downey said he had only hit the horse 9 times.
Mr Cooney submitted that Mr Downey needed to do something about his action but there was definately a question of what constituted striking a horse.
Reasons for Decision:
The breach of Rule 869(2)(c) was admitted.
The breach of Rule 869(2)(a) was established.
The Committee viewed the film footage closely. Whilst there were approximately 20 whipping actions over the concluding stages it was clear that a number of them were little more than brushes over the rump of Sterling Lustre. This action was exascerbated by Mr Downey's whipping style. At least 9 or 10 strikes were severe and clearly excessive.
Submissions for Penalty:
Mr Muirhead told the committee that Mr Downey had been charged twice in the last calendar year with excessive use of the whip and on the 5th January 2011 with using his whip outside the confines of the sulky. Mr Downey was an experienced junior horseman. The stipendiary stewards had advised Mr Downey on previous occasions to moderate his whipping action. He considered the breach of the excessive charge to be above medium range. He told the Committee he considered a fine inappropriate and sought a penalty of 1 months suspension.
Mr Downey submitted the excessive nature of the use was a matter of personal perception.
Mr Cooney said excessive use of the whip was a contentious issue. Mr Downey had a whipping style which needed moderation. He had no racing commitments.
Reasons for Penalty:
The Committee in arriving at a suitable penalty took into account Mr Downey's admission and the fact that it was his second breach of using his whip outside the confines of his sulky within a week.
The excessive use charge was the third since July 2010 and was considered mid range in seriousness. His whipping style was generally considered to require some moderation. Mr Downey is a junior driver and had no firm driving commitments.
Because of his personal circumstances and the relatively frequent breaches a period of suspension was considered more appropriate than a fine.
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: 5220292e12046a36d38eb335349525f7
informantnumber: 68488
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Thames HRC 9 January 2011 - R 6
charge:
Junior Horseman Mr R Downey was charged with using his whip excessively and outside the confines of the sulky when driving Sterling Lustre over the concluding stages of Race 6.
facts:
Stipendiary Steward Mr J Muirhead lodged an information following race 6 charging Mr Downey with breaches of Rule 869 (2)(a)&(c)
Rule 869(2)
No horseman shall during any race
(a) use his whip in an unecessary, excessive, or improper manner
.....
(c) project his whip outside the sulky.......
Mr Downey appeared for the hearing supported by senior horseman Mr F Cooney. He admitted the breach of subsection (c) and denied the breach of subsection (a). He confirmed he was familar with the particular rule and was aware of the guidelines regarding use of the whip.
In light of the plea entered Mr Muirhead requested the information be amended to include and/or to allow a finding under both subsections. The breach of rule 869(2)(c) was found proven.
Mr Muirhead read the relevant rule and the Use of the Whip guidelines issued 1 June 2009 by The Chief Stipendiary Steward.
Mr Muirhead relayed his observations from the Judges box position. From the 200 metre mark Mr Downey began striking his horse with some force and outside the confines of the sulky. The action concerned him and the film footage was subsequently reviewed.
Stipendiary Steward Mr S Wallis referred to film footage of the race and identified Mr Downey. From about the 200 metre point there were solid blows from his whip. He counted about 20 strikes of the whip. A number were flicks of the whip but there were about 12 solid blows.
Mr Downey had no questions of the Stewards.
Mr Cooney referred to the films and indicated where in his opinion Mr Downey had struck the horse about 9 times. Mr Downey had an exaggerated action which made it look more than that. He needed to get his action under control because it actually looked worse than it was.
Mr Muirhead had no questions of Mr Cooney other than to say he disputed the number of blows Mr Cooney had counted.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted the actions of Mr Downey were a clear breach of the rules and the use of Whip guidelines. The horse had been hit too many times and with some force
Mr Downey said he had only hit the horse 9 times.
Mr Cooney submitted that Mr Downey needed to do something about his action but there was definately a question of what constituted striking a horse.
reasonsfordecision:
The breach of Rule 869(2)(c) was admitted.
The breach of Rule 869(2)(a) was established.
The Committee viewed the film footage closely. Whilst there were approximately 20 whipping actions over the concluding stages it was clear that a number of them were little more than brushes over the rump of Sterling Lustre. This action was exascerbated by Mr Downey's whipping style. At least 9 or 10 strikes were severe and clearly excessive.
Decision:
Both breaches were established.
sumissionsforpenalty:
Mr Muirhead told the committee that Mr Downey had been charged twice in the last calendar year with excessive use of the whip and on the 5th January 2011 with using his whip outside the confines of the sulky. Mr Downey was an experienced junior horseman. The stipendiary stewards had advised Mr Downey on previous occasions to moderate his whipping action. He considered the breach of the excessive charge to be above medium range. He told the Committee he considered a fine inappropriate and sought a penalty of 1 months suspension.
Mr Downey submitted the excessive nature of the use was a matter of personal perception.
Mr Cooney said excessive use of the whip was a contentious issue. Mr Downey had a whipping style which needed moderation. He had no racing commitments.
reasonsforpenalty:
The Committee in arriving at a suitable penalty took into account Mr Downey's admission and the fact that it was his second breach of using his whip outside the confines of his sulky within a week.
The excessive use charge was the third since July 2010 and was considered mid range in seriousness. His whipping style was generally considered to require some moderation. Mr Downey is a junior driver and had no firm driving commitments.
Because of his personal circumstances and the relatively frequent breaches a period of suspension was considered more appropriate than a fine.
penalty:
Mr Downey was suspended for two days for using his whip outside the confines of his sulky and for three days for excessive use of the whip a total of five days.
His suspension commences from the conclusion of racing on the 9th January 2011 and concludes after the end of racing at Auckland on the 28th January 2011. This includes a total of 5 North Island racing days.
hearing_type: Hearing
Rules: Rule 869(2)(a) and/or (c)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Downey - Junior Driver
Otherperson: Mr Cooney - Senior Driver supporting Mr Downey
PersonPresent:
Respondent:
StipendSteward:
raceid: 1a07ff54299193deb2df16f490036c4a
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R6
submittochair:
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meetdate: 09/01/2011
meet_title: Thames HRC - 9 January 2011
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meet_otherexp:
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