Waikato BOP H 10 January 2020 – R 7 – Chair, Mr A Dooley
ID: JCA10850
Meet Title:
Harness Racing Waikato - 10 January 2020
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2020/01/10
Race Number:
R7
Decision:
The charge is admitted and therefore proved.
Penalty:
Mr Chin was fined the sum of $200.
Facts:
Following the running of race 7, an Information was filed by Senior Stipendiary Steward, Mr S Mulcay. He alleged Licensed Open Horseman, Mr L Chin breached Rule 869(2)(a) in that he used his whip on more occasions that permitted under the “use of the whip” regulations driving SAFRAKOVA over the final 400m.
Rule 869(2)(b) provides 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.
Mr Chin endorsed the Information that he admitted the breach and was present at the hearing of the charge.
Senior Stipendiary Steward, Mr Mulcay used available video footage to demonstrate the breach. He identified SAFRAKOVA just inside the final 400m racing three back on the marker pegs. He said Mr Chin used his whip on 11 occasions in the final straight which was in breach of the whip use Regulations.
Mr Chin accepted that he used his whip on 11 occasions over the final 400 metres.
Submissions for Penalty:
Mr Mulcay produced Mr Chin’s record which showed no breaches of the Rule in the previous 6 months. Mr Mulcay submitted that it was a low end breach, the strikes were not forceful and that an appropriate penalty would be one in line with the JCA Penalty Guide.
In response Mr Chin accepted that he would receive a fine in the vicinity of $200.
Reasons for Penalty:
The JCA Penalty Guide for a 1st breach of this Rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has reviewed the video footage of Mr Chin’s drive in the final 400m of the race and confirmed that Mr Chin did strike his horse on 11 occasions in the final straight.
There are no aggravating factors and accordingly we have no reasons to deviate from the $200 starting point.
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: 0ed27d1807714ed02a30314ec1ddd6ce
informantnumber: A12229
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 12/01/2020
hearing_title: Waikato BOP H 10 January 2020 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, an Information was filed by Senior Stipendiary Steward, Mr S Mulcay. He alleged Licensed Open Horseman, Mr L Chin breached Rule 869(2)(a) in that he used his whip on more occasions that permitted under the “use of the whip” regulations driving SAFRAKOVA over the final 400m.
Rule 869(2)(b) provides 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.
Mr Chin endorsed the Information that he admitted the breach and was present at the hearing of the charge.
Senior Stipendiary Steward, Mr Mulcay used available video footage to demonstrate the breach. He identified SAFRAKOVA just inside the final 400m racing three back on the marker pegs. He said Mr Chin used his whip on 11 occasions in the final straight which was in breach of the whip use Regulations.
Mr Chin accepted that he used his whip on 11 occasions over the final 400 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and therefore proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Chin’s record which showed no breaches of the Rule in the previous 6 months. Mr Mulcay submitted that it was a low end breach, the strikes were not forceful and that an appropriate penalty would be one in line with the JCA Penalty Guide.
In response Mr Chin accepted that he would receive a fine in the vicinity of $200.
reasonsforpenalty:
The JCA Penalty Guide for a 1st breach of this Rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has reviewed the video footage of Mr Chin’s drive in the final 400m of the race and confirmed that Mr Chin did strike his horse on 11 occasions in the final straight.
There are no aggravating factors and accordingly we have no reasons to deviate from the $200 starting point.
penalty:
Mr Chin was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr L Chin - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 88051ccc103ca10272988b83065f3505
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 594716445404e943f700fba751070e00
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/01/2020
meet_title: Harness Racing Waikato - 10 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato