Waikato BOP H 24 January 2019 – R 7 – Chair, Mr A Godsalve
ID: JCA12087
Meet Title:
Harness Racing Waikato - 24 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2019/01/24
Race Number:
R7
Decision:
As Mr Marshall has admitted the breach we find the charge proved.
Penalty:
The Committee therefore suspended Mr Marshall's licence to drive in races from after the completion of racing at Rotorua on 27 January until after the completion of racing on 7 February 2019. A suspension of 3 days.
For clarity the meetings involved in this suspension are:
Otaki- 1 February
Otaki- 3 February
Cambridge- 7 February
Facts:
This charge resulted from the running of Race 7, the Travel with Terry Tours Mobile Pace 2200m. Mr Mulcay produced an Information alleging that Open Horseman Mr K Marshall 'used his whip on more occasions than permitted over the final 400 metres'.
Mr Marshall was present at the hearing and acknowledged that:
(a) He understood the relevant Rule and Regulations, and
(b) That he admitted the breach.
Rule 869(2) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The 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 the sulky'.
Mr Mulcay identified the horse KUNDANA GOLD, driven by Mr Marshall, as the field passed the 400 metres mark. KUNDANA GOLD was in a position 3 back on the outer at that time. Mr Mulcay then identified that from that point to the finish Mr Marshall struck the horse with his whip on 13 occasions in contravention of the Regulations. Some further strikes were considered by the Stewards to be within the guidelines laid down.
Mr Marshall acknowledged that he had struck the horse 13 times. KUNDANA GOLD finished in 6th position.
Submissions for Penalty:
Mr Mulcay informed the Committee that Mr Marshall had previously breached the Rule and Regulations within the prior 6 months. He informed the Committee that the JCA Penalty Guide provides that where a driver has a breach with the last 6 months and breaches that Rule again a suspension of 3-5 days is the suggested penalty.
Mr Marshall advised the Commitee that he had confirmed drives at the Rotorua Harness meeting on 27 January 2019 and accepted that he would be suspended after that meeting concluded.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provides for a suspension of a drivers licence where he has a prior breach of the Rule with 6 months. We confirm that Mr Marshall has used his whip in contravention of the Rule and Regulations.
The Committee assessed that a suspension of 3 days would be an appropriate penalty as the Breach, being within the scale between 11-13 strikes was at the lower end of a second breach of the Rule. We found no reason to consider any amendment of the suggested suspension period within the Guidelines.
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: 2f91e237493a6023241e520c6f06efe6
informantnumber: A10584
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/01/2019
hearing_title: Waikato BOP H 24 January 2019 - R 7 - Chair, Mr A Godsalve
charge:
facts:
This charge resulted from the running of Race 7, the Travel with Terry Tours Mobile Pace 2200m. Mr Mulcay produced an Information alleging that Open Horseman Mr K Marshall 'used his whip on more occasions than permitted over the final 400 metres'.
Mr Marshall was present at the hearing and acknowledged that:
(a) He understood the relevant Rule and Regulations, and
(b) That he admitted the breach.
Rule 869(2) states 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The 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 the sulky'.
Mr Mulcay identified the horse KUNDANA GOLD, driven by Mr Marshall, as the field passed the 400 metres mark. KUNDANA GOLD was in a position 3 back on the outer at that time. Mr Mulcay then identified that from that point to the finish Mr Marshall struck the horse with his whip on 13 occasions in contravention of the Regulations. Some further strikes were considered by the Stewards to be within the guidelines laid down.
Mr Marshall acknowledged that he had struck the horse 13 times. KUNDANA GOLD finished in 6th position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marshall has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay informed the Committee that Mr Marshall had previously breached the Rule and Regulations within the prior 6 months. He informed the Committee that the JCA Penalty Guide provides that where a driver has a breach with the last 6 months and breaches that Rule again a suspension of 3-5 days is the suggested penalty.
Mr Marshall advised the Commitee that he had confirmed drives at the Rotorua Harness meeting on 27 January 2019 and accepted that he would be suspended after that meeting concluded.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provides for a suspension of a drivers licence where he has a prior breach of the Rule with 6 months. We confirm that Mr Marshall has used his whip in contravention of the Rule and Regulations.
The Committee assessed that a suspension of 3 days would be an appropriate penalty as the Breach, being within the scale between 11-13 strikes was at the lower end of a second breach of the Rule. We found no reason to consider any amendment of the suggested suspension period within the Guidelines.
penalty:
The Committee therefore suspended Mr Marshall's licence to drive in races from after the completion of racing at Rotorua on 27 January until after the completion of racing on 7 February 2019. A suspension of 3 days.
For clarity the meetings involved in this suspension are:
Otaki- 1 February
Otaki- 3 February
Cambridge- 7 February
hearing_type: Hearing
Rules: Rule 869(2), Use of Whip Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr K Marshall-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3a6f0d6b560b9ab7e2aac69cfc7bf9c2
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: 3772232032504cca622c4eaa94584aeb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2019
meet_title: Harness Racing Waikato - 24 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato