Waikato BOP H 20 December 2018 – R 1 – Chair, Mr A Godsalve
ID: JCA16285
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 the breach was admitted we find the charge to be proved.
Penalty:
The Committee therefore imposed a $200 fine on Mr Kriechbaumer.
Facts:
Following the running of Race 1, the Merry Christmas From Woodlands Stud Mobile Pace 2200m, an Information was produced alleging that Amateur Driver, Mr J Kriechbaumer 'used his whip on more than the permissable number of occasions over the final 400 metres when driving HIGHVIEW JUSTICE'.
Mr Kriechbaumer endorsed the Information to the effect that (a) he admitted the breach, and (b) he did not wish to be present at the hearing.
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 provide 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'.
Using the available films Mr Mulcay identified the horse HIGHVIEW JUSTICE as the field entered the final straight. HIGHVIEW JUSTICE was leading the field, and from that point until the finish Mr Kriechbaumer struck the horse 12 times with his whip. It was apparent from the films that he was using an extravagant whip action and that many of those strikes were of an excessively forceful nature. HIGHVIEW JUSTICE went on to win the race.
In completing his submission Mr Mulcay advised the Committee that he had informed Mr Kriechbaumer that the manner in which he had used his whip was unacceptable and that consideration would be given to a more serious charge if he employed those tactics in the future.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 for a driver who contravenes the Rule where the strikes involved are between 11-13.
Mr Kriechbaumer did not have any previous breaches recorded against him in the previous 6 months.
Reasons for Penalty:
The Committee confirmed that for the number of strikes involved where the driver does not have a prior breach recorded a fine of $200 is an appropriate penalty.
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: d52081dbe99ea63673b85f1f913dc718
informantnumber: A10573
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
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, an Information was produced alleging that Amateur Driver, Mr J Kriechbaumer 'used his whip on more than the permissable number of occasions over the final 400 metres when driving HIGHVIEW JUSTICE'.
Mr Kriechbaumer endorsed the Information to the effect that (a) he admitted the breach, and (b) he did not wish to be present at the hearing.
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 provide 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'.
Using the available films Mr Mulcay identified the horse HIGHVIEW JUSTICE as the field entered the final straight. HIGHVIEW JUSTICE was leading the field, and from that point until the finish Mr Kriechbaumer struck the horse 12 times with his whip. It was apparent from the films that he was using an extravagant whip action and that many of those strikes were of an excessively forceful nature. HIGHVIEW JUSTICE went on to win the race.
In completing his submission Mr Mulcay advised the Committee that he had informed Mr Kriechbaumer that the manner in which he had used his whip was unacceptable and that consideration would be given to a more serious charge if he employed those tactics in the future.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge to be proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides a fine of $200 for a driver who contravenes the Rule where the strikes involved are between 11-13.
Mr Kriechbaumer did not have any previous breaches recorded against him in the previous 6 months.
reasonsforpenalty:
The Committee confirmed that for the number of strikes involved where the driver does not have a prior breach recorded a fine of $200 is an appropriate penalty.
penalty:
The Committee therefore imposed a $200 fine on Mr Kriechbaumer.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Advanced Amateur Horseman
Otherperson:
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