Waikato BOP H 19 December 2019 – R 7 – Chair, Mr BJ Scott
ID: JCA16830
Meet Title:
Harness Racing Waikato - 19 December 2019
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2019/12/19
Race Number:
R7
Decision:
The charge is upheld.
Penalty:
This Committee imposes the following fines on Mr Quill : firstly on the breach of part(b) of the Use of Whip Regulations the fine is $200 and secondly on the breach of part (h) of the Regulations the fine is $300.
Those are a total of $500.
Facts:
Following the running of the POOL BUILDERS WAIKATO Mobile Pace, an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Licensed Driver, Mr S Quill alleging that Mr Quill when driving PARKER used his whip firstly on more occasions than permitted by Clause (b) of the Use of Whip Regulations and secondly with undue force contrary to clause (h) of the Use of Whip Regulations.
Clause (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse , harness and/or sulky.
Clause (h) of the Use of Whip Regulations provides: No horseman shall allow their whip to project outside the confines of the sulky , including making contact with the sulky wheels. The whip shall also not be drawn back further than the sulky seat and used with undue force.
Mr Quill was present at the hearing and he confirmed that he understood the Regulations and he confirmed his admission of the breach of both parts of the Regulations. Mr Quill was assisted by Senior Horseman Mr J Abernethy.
Mr Mulcay demonstrated the incident by use of the race films. He showed where Mr Quill was outside the leader turning for home. He then used his whip 11 times and Mr Mulcay said that the last strike was unnecessary because it was close to the winning post and Mr Quill's horse was cmfotably in second place.
He then pointed to the force with which Mr Quill used his whip and said that the force was excessive and in today's climate of animal welfare that was completely unacceptable.
Mr Quill for his part said that he agreed with the 11 strikes and he also said that watching the video the force of the strikes did not look good. He said that it was hard to adjust to the NZ Rules because they were different to what he is allowed to do in Ireland.
He said that he thought that the strikes were 10 times but it was clear that they were 11. He also accepted that the last strike was unnecessary because he was going to finish second anyway.
The Committee told Mr Quill that his use of the whip was not a good look and that the force with which he used the whip could lead to complaints from the public.
The Committee told Mr Quill that animal welfare is a major issue in NZ and Australia.
Mr Mulcay submitted that Mr Quill was in breach of both parts of the Use of Whip Regulations.
Mr Quill did not have any further submissions.
Submissions for Penalty:
Mr Mulcay said that Mr Quill had been sent the Whip Regulations this week by HRNZ as is normal practice for a visiting overseas driver.
He said Mr Quill has admitted the breaches of both parts of the Use of Whip Regulations and he has a clear record.
He said that the number of strikes was in the low range and that attracted a fine of $200.
In respect to the undue force he said that the starting point penalty was a fine of $300. He further said that from the 4th strike onwards the next 6 or 7 strikes were in breach of the Regulations. He then said that the incident was in the midrange of seriousness and that there was no reason to vary from the starting point penalties.
Mr Quill acknowledged that he had received the Whip Regulations from HRNZ. He said that by coming to NZ he had hoped to be granted a Junior Drivers Licence but that had not happened so he was only going to stay here until the end of january.
He had no further submissions as to penalty.
Reasons for Penalty:
The Committee reviewed the race films and the submissions from the parties. We pointed out to Mr Quill that animal welfare is a very important issue in New Zealand and Australia and that a horse being beaten with the whip will not be tolerated. We have a duty to protect animal welfare. We told Mr Quill that the films were not a good look and that the Stewards could expect complaints from people watching the race at home.
We also pointed out to Mr Quill that whatever the practice was back in Ireland had absolutely no influence in NZ.
We have taken all matters into account in assessing penalty and although we could increaase the penalty from the starting point particularly for the use of force charge we have decided not to do so. We are aware of the starting point penalties in the Regulations. We believe that a combined fine of $500 is a sufficient penalty for Mr Quill to learn from this experience.
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: a779b6f70717d63c594307efaf914a37
informantnumber: A12220
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 24/12/2019
hearing_title: Waikato BOP H 19 December 2019 - R 7 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the POOL BUILDERS WAIKATO Mobile Pace, an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Licensed Driver, Mr S Quill alleging that Mr Quill when driving PARKER used his whip firstly on more occasions than permitted by Clause (b) of the Use of Whip Regulations and secondly with undue force contrary to clause (h) of the Use of Whip Regulations.
Clause (b) of the Use of Whip Regulations provides: No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse , harness and/or sulky.
Clause (h) of the Use of Whip Regulations provides: No horseman shall allow their whip to project outside the confines of the sulky , including making contact with the sulky wheels. The whip shall also not be drawn back further than the sulky seat and used with undue force.
Mr Quill was present at the hearing and he confirmed that he understood the Regulations and he confirmed his admission of the breach of both parts of the Regulations. Mr Quill was assisted by Senior Horseman Mr J Abernethy.
Mr Mulcay demonstrated the incident by use of the race films. He showed where Mr Quill was outside the leader turning for home. He then used his whip 11 times and Mr Mulcay said that the last strike was unnecessary because it was close to the winning post and Mr Quill's horse was cmfotably in second place.
He then pointed to the force with which Mr Quill used his whip and said that the force was excessive and in today's climate of animal welfare that was completely unacceptable.
Mr Quill for his part said that he agreed with the 11 strikes and he also said that watching the video the force of the strikes did not look good. He said that it was hard to adjust to the NZ Rules because they were different to what he is allowed to do in Ireland.
He said that he thought that the strikes were 10 times but it was clear that they were 11. He also accepted that the last strike was unnecessary because he was going to finish second anyway.
The Committee told Mr Quill that his use of the whip was not a good look and that the force with which he used the whip could lead to complaints from the public.
The Committee told Mr Quill that animal welfare is a major issue in NZ and Australia.
Mr Mulcay submitted that Mr Quill was in breach of both parts of the Use of Whip Regulations.
Mr Quill did not have any further submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is upheld.
sumissionsforpenalty:
Mr Mulcay said that Mr Quill had been sent the Whip Regulations this week by HRNZ as is normal practice for a visiting overseas driver.
He said Mr Quill has admitted the breaches of both parts of the Use of Whip Regulations and he has a clear record.
He said that the number of strikes was in the low range and that attracted a fine of $200.
In respect to the undue force he said that the starting point penalty was a fine of $300. He further said that from the 4th strike onwards the next 6 or 7 strikes were in breach of the Regulations. He then said that the incident was in the midrange of seriousness and that there was no reason to vary from the starting point penalties.
Mr Quill acknowledged that he had received the Whip Regulations from HRNZ. He said that by coming to NZ he had hoped to be granted a Junior Drivers Licence but that had not happened so he was only going to stay here until the end of january.
He had no further submissions as to penalty.
reasonsforpenalty:
The Committee reviewed the race films and the submissions from the parties. We pointed out to Mr Quill that animal welfare is a very important issue in New Zealand and Australia and that a horse being beaten with the whip will not be tolerated. We have a duty to protect animal welfare. We told Mr Quill that the films were not a good look and that the Stewards could expect complaints from people watching the race at home.
We also pointed out to Mr Quill that whatever the practice was back in Ireland had absolutely no influence in NZ.
We have taken all matters into account in assessing penalty and although we could increaase the penalty from the starting point particularly for the use of force charge we have decided not to do so. We are aware of the starting point penalties in the Regulations. We believe that a combined fine of $500 is a sufficient penalty for Mr Quill to learn from this experience.
penalty:
This Committee imposes the following fines on Mr Quill : firstly on the breach of part(b) of the Use of Whip Regulations the fine is $200 and secondly on the breach of part (h) of the Regulations the fine is $300.
Those are a total of $500.
hearing_type: Hearing
Rules: 869(2) and the Use of Whip Regulations.
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Quill - Licensed Driver
Otherperson: Mr J Abernethy - Open Horseman assisting Mr Quill
PersonPresent:
Respondent:
StipendSteward:
raceid: fd4f0606533bd2c4002a9ec9e7ee1f72
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: d281323aeea6e58385890694608d6f7d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/12/2019
meet_title: Harness Racing Waikato - 19 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato