Waikato BOP H 15 August 2020 – R 2 – Chair, Mr N McCutcheon
ID: JCA16591
Meet Title:
Harness Racing Waikato - 15 August 2020
Meet Chair:
NMcCutcheon
Race Date:
2020/08/15
Race Number:
R 2
Decision:
As the charge was admitted it was deemed proved.
Penalty:
Mr Whittaker’s Junior Horseman’s Licence was suspended from the end of racing on 15 August through to the end of racing on 27 August 2020 at Cambridge (1 Day) with a fine of $300 also imposed.
If there is a change of dates or drivers restrictions lifted in the near future, the Chair would be prepared to revisit the suspension date of the penalty.
Facts:
Following the running of Race 2 (Join the Breeders Mobile Pace 2200m) Information A11106 was filed with the Judicial Committee. It was alleged by the Informant that Mr Whittaker drove carelessly near the 600m by shifting ground outwards contacting SIPOWICZ (J Abernethy) with Mr Whittaker becoming momentarily unseated in the sulky.
Mr Whittaker said that he understood the Rule and confirmed that he admitted the breach of the Rule.
Mr Mulcay showed all films and identified Mr Whittaker racing in the trail with SIPOWICZ to his outside.
Mr Mulcay said that near the 600m Mr Whittaker shifted outwards when there was insufficient room to do so and made contact with SIPOWICZ. This resulted in Mr Whittaker almost being unseated with SIPOWICZ being inconvenienced when contact was made.
Mr Whittaker said that as he shifted he heard a call and tried to go back. He said it was a split decision and that he had gone a bit early. He added that his drive was a first start maiden and proved difficult to handle at times during the running.
Mr Ferguson said that Mr Whittaker did have trouble restraining his drive, that it was a slight error and that he did panic a little.
Submissions for Penalty:
Mr Mulcay said that under the present covid-19 restrictions he would be comfortable with a suspension and a fine being imposed.
Mr Whittaker’s record showed that on 6 August 2020 he was fined $300 for Careless Driving.
Mr Mulcay said that the mitigating factors were the admitted breach and that the horse proved difficult to hold.
Mr Whittaker and Mr Ferguson asked the Committee to consider a fine and a suspension due to the uncertainty of racedays.
Reasons for Penalty:
The Committee took into account the admitted breach, Mr Whittaker’s record and that his drive was inclined to over-race.
The Committee agreed with the submission that due to the uncertainty of racedays on account of covid-19, that a suspension and a fine was the commonsense approach to adopt.
With the 20 August Meeting scheduled for Alexandra Park presently restricted to Auckland-based drivers only, that date could not be included in a suspension of Mr Whittaker’s licence as he is based in the Waikato.
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: c9f4b97bb5a8c94efef5a80d65033894
informantnumber: A11106
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/08/2020
hearing_title: Waikato BOP H 15 August 2020 - R 2 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 2 (Join the Breeders Mobile Pace 2200m) Information A11106 was filed with the Judicial Committee. It was alleged by the Informant that Mr Whittaker drove carelessly near the 600m by shifting ground outwards contacting SIPOWICZ (J Abernethy) with Mr Whittaker becoming momentarily unseated in the sulky.
Mr Whittaker said that he understood the Rule and confirmed that he admitted the breach of the Rule.
Mr Mulcay showed all films and identified Mr Whittaker racing in the trail with SIPOWICZ to his outside.
Mr Mulcay said that near the 600m Mr Whittaker shifted outwards when there was insufficient room to do so and made contact with SIPOWICZ. This resulted in Mr Whittaker almost being unseated with SIPOWICZ being inconvenienced when contact was made.
Mr Whittaker said that as he shifted he heard a call and tried to go back. He said it was a split decision and that he had gone a bit early. He added that his drive was a first start maiden and proved difficult to handle at times during the running.
Mr Ferguson said that Mr Whittaker did have trouble restraining his drive, that it was a slight error and that he did panic a little.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved.
sumissionsforpenalty:
Mr Mulcay said that under the present covid-19 restrictions he would be comfortable with a suspension and a fine being imposed.
Mr Whittaker’s record showed that on 6 August 2020 he was fined $300 for Careless Driving.
Mr Mulcay said that the mitigating factors were the admitted breach and that the horse proved difficult to hold.
Mr Whittaker and Mr Ferguson asked the Committee to consider a fine and a suspension due to the uncertainty of racedays.
reasonsforpenalty:
The Committee took into account the admitted breach, Mr Whittaker’s record and that his drive was inclined to over-race.
The Committee agreed with the submission that due to the uncertainty of racedays on account of covid-19, that a suspension and a fine was the commonsense approach to adopt.
With the 20 August Meeting scheduled for Alexandra Park presently restricted to Auckland-based drivers only, that date could not be included in a suspension of Mr Whittaker’s licence as he is based in the Waikato.
penalty:
Mr Whittaker’s Junior Horseman’s Licence was suspended from the end of racing on 15 August through to the end of racing on 27 August 2020 at Cambridge (1 Day) with a fine of $300 also imposed.
If there is a change of dates or drivers restrictions lifted in the near future, the Chair would be prepared to revisit the suspension date of the penalty.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr L Whittaker - Junior Horseman and Driver of PULL THE OTHER LEG
Otherperson: Mr P Ferguson - Assisting Mr Whittaker
PersonPresent:
Respondent:
StipendSteward:
raceid: 14bc20aa397280bb396b095deb5da8a9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b68f8c7e0158d4f918bfd62c84c5d877
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/08/2020
meet_title: Harness Racing Waikato - 15 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato