Waikato BOP H 20 December 2018 – R 1 – Chair, Mr A Godsalve
ID: JCA12767
Meet Title:
Harness Racing Waikato - 20 December 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2018/12/20
Race Number:
R1
Decision:
As Mr Cronin has eventually accepted that he used his whip 11 times on the horse within the final 400 metres of the race we find the charge to be proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Cronin.
Facts:
Following the running of Race 1, the Merry Christmas From Woodlands Stud Mobile Pace 2200m, Mr Mulcay submitted an Information alleging that Amateur Horseman, Mr Cronin 'used his whip on more than the permissable number of occasions over the final 400 metres when driving JAKIRA'.
Mr Cronin was present at the hearing. He confirmed that he understood the Rule and also confirmed that he did not admit the breach.
Rule 869(2)states: 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Use of the Whip Regulations state: '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.'
Submissions for Decision:
Using the available films, and with the assistance of Stipendiary Steward, Mr Jones, Mr Mulcay identified the horse JAKIRA, driven by Mr Cronin as the horse passed the 400 metres mark. JAKIRA was then in a 1x1 position. Mr Mulcay pointed out that Mr Cronin then activated the deafeners and picked up his reins. Using the side on, and head on film, Mr Mulcay counted the strikes as Mr Cronin used his whip on the horse. By the time JAKIRA reached the finish Mr Mulcay had reached 12 strikes. He stated that in the post-race interview with the driver, Mr Cronin had disputed the number of strikes. Mr Mulcay said that even if the final strike was discounted Mr Cronin had still breached the Rule by striking the horse 11 times. Mr Mulcay was adamant that there had been 12 strikes.
Mr Cronin referred to the side-on film and asserted that he had only struck the horse 10 times from the 400 metres to the finish. He stated that 2 of the strikes Mr Mulcay alleged he had used where in fact when he had 'run' his whip under the horses' tail.
For clarification the Committee suggested to Mr Cronin that he have the film slowed down as much as possible, and also to pay attention to the head-on film.
Mr Jones operated the films and showed both angles at the slowest speed while Mr Cronin counted his strikes. During this exercise it became clear that Mr Cronin had counted to 11. The Committee requested Mr Cronin to confirm that he had counted 11 strikes, which he did. Mr Cronin then stated that accepted that he had breached the Rule by striking the horse 11 times.
Reasons for Decision:
Mr Cronin has denied this breach. It became apparent during the course of the hearing that Mr Cronin eventually accepted that he had struck the horse 11 times and was in breach of the Rule, as alleged. He disputed evidence by Mr Mulcay in respect of a 12th strike however the Rule and Guidelines refer to between 11-13 strikes.
Submissions for Penalty:
Mr Mulcay stated that the JCA Penalty Guide provides for a fine of $200 where the number of strikes is between 11-13, and where the respondent has not breached this Rule in the previous 6 months.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $200 where 11 strikes are involved and where the respondent has not previously breached the Rule in the prior 6 months. The fact that Mr Cronin denied the breach was viewed as a neutral factor.
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: 561b18b4a4a53947f496ee0c9284dc67
informantnumber: A10574
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: denied
penaltyrequired: 1
decisiondate: 21/12/2018
hearing_title: Waikato BOP H 20 December 2018 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the Merry Christmas From Woodlands Stud Mobile Pace 2200m, Mr Mulcay submitted an Information alleging that Amateur Horseman, Mr Cronin 'used his whip on more than the permissable number of occasions over the final 400 metres when driving JAKIRA'.
Mr Cronin was present at the hearing. He confirmed that he understood the Rule and also confirmed that he did not admit the breach.
Rule 869(2)states: 'No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Use of the Whip Regulations state: '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.'
appealdecision:
isappeal:
submissionsfordecision:
Using the available films, and with the assistance of Stipendiary Steward, Mr Jones, Mr Mulcay identified the horse JAKIRA, driven by Mr Cronin as the horse passed the 400 metres mark. JAKIRA was then in a 1x1 position. Mr Mulcay pointed out that Mr Cronin then activated the deafeners and picked up his reins. Using the side on, and head on film, Mr Mulcay counted the strikes as Mr Cronin used his whip on the horse. By the time JAKIRA reached the finish Mr Mulcay had reached 12 strikes. He stated that in the post-race interview with the driver, Mr Cronin had disputed the number of strikes. Mr Mulcay said that even if the final strike was discounted Mr Cronin had still breached the Rule by striking the horse 11 times. Mr Mulcay was adamant that there had been 12 strikes.
Mr Cronin referred to the side-on film and asserted that he had only struck the horse 10 times from the 400 metres to the finish. He stated that 2 of the strikes Mr Mulcay alleged he had used where in fact when he had 'run' his whip under the horses' tail.
For clarification the Committee suggested to Mr Cronin that he have the film slowed down as much as possible, and also to pay attention to the head-on film.
Mr Jones operated the films and showed both angles at the slowest speed while Mr Cronin counted his strikes. During this exercise it became clear that Mr Cronin had counted to 11. The Committee requested Mr Cronin to confirm that he had counted 11 strikes, which he did. Mr Cronin then stated that accepted that he had breached the Rule by striking the horse 11 times.
reasonsfordecision:
Mr Cronin has denied this breach. It became apparent during the course of the hearing that Mr Cronin eventually accepted that he had struck the horse 11 times and was in breach of the Rule, as alleged. He disputed evidence by Mr Mulcay in respect of a 12th strike however the Rule and Guidelines refer to between 11-13 strikes.
Decision:
As Mr Cronin has eventually accepted that he used his whip 11 times on the horse within the final 400 metres of the race we find the charge to be proved.
sumissionsforpenalty:
Mr Mulcay stated that the JCA Penalty Guide provides for a fine of $200 where the number of strikes is between 11-13, and where the respondent has not breached this Rule in the previous 6 months.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $200 where 11 strikes are involved and where the respondent has not previously breached the Rule in the prior 6 months. The fact that Mr Cronin denied the breach was viewed as a neutral factor.
penalty:
The Committee therefore imposed a fine of $200 on Mr Cronin.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr G Cronin - Amateur Horseman
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 613b3c095d411c72144d649b69ff6dff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a1fa0f51ab1fb00673d3c27b11897d70
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2018
meet_title: Harness Racing Waikato - 20 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato