Archive Decision

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Waikato BOP H 5 September 2019 – R 3 – Chair, B J Scott

ID: JCA16700

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr L Whittaker - Junior Driver

Information Number:
A12214

Hearing Type:
Hearing

New Charge:
Contravention of the use of the Whip regulations

Rules:
Rule 869(2)and the Use of Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 5 September 2019

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2019/09/05

Race Number:
R3

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

This Committee imposes a fine of $200.00 on Mr Whittaker.

Facts:

Following the running of the AMBER GARDEN CENTRE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Driver Mr L Whittaker alleging that when driving MAJOR RAGE he used his whip on more occasions than permitted under clause (b) of the Use of Whip Regulations.

Clause (b) of the 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.

Mr Whittaker was not present at the Hearing. He had endorsed the Information to say that he admitted the breach and that he did not wish to be present at the Hearing. Mr Mulcay  told the Committee that Mr Whittaker had been advised by a Senior Horseman before admitting the breach. 

Mr Mulcay demonstrated the incident by use of the race films. He showed where Mr Whittaker had his horse in the one/one position coming into the straight and he worked to the front at the top of the straight. He showed where Mr Whittaker used his whip 11 times prior to the winning post.

Submissions for Penalty:

Mr Mulcay said that Mr Whittaker had a clear record under this Rule. He said that the number of strikes meant that Mr Whittaker was one strike over the allowable level and he said that the appropriate penalty for that was a fine of $200.00.

Reasons for Penalty:

The  starting point penalty under the Use of Whip Guidelines for 11-13 strikes is a fine for a first offence of $200.00.

In this instance Mr Whittaker was one strike over and therefore the appropriate penalty is a fine of $200.00.

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: d62fd8abe979dcb2b168ca5e3a92b0a7


informantnumber: A12214


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the use of the Whip regulations


plea: admitted


penaltyrequired: 1


decisiondate: 07/09/2019


hearing_title: Waikato BOP H 5 September 2019 - R 3 - Chair, B J Scott


charge:


facts:

Following the running of the AMBER GARDEN CENTRE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Driver Mr L Whittaker alleging that when driving MAJOR RAGE he used his whip on more occasions than permitted under clause (b) of the Use of Whip Regulations.

Clause (b) of the 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.

Mr Whittaker was not present at the Hearing. He had endorsed the Information to say that he admitted the breach and that he did not wish to be present at the Hearing. Mr Mulcay  told the Committee that Mr Whittaker had been advised by a Senior Horseman before admitting the breach. 

Mr Mulcay demonstrated the incident by use of the race films. He showed where Mr Whittaker had his horse in the one/one position coming into the straight and he worked to the front at the top of the straight. He showed where Mr Whittaker used his whip 11 times prior to the winning post.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Mulcay said that Mr Whittaker had a clear record under this Rule. He said that the number of strikes meant that Mr Whittaker was one strike over the allowable level and he said that the appropriate penalty for that was a fine of $200.00.


reasonsforpenalty:

The  starting point penalty under the Use of Whip Guidelines for 11-13 strikes is a fine for a first offence of $200.00.

In this instance Mr Whittaker was one strike over and therefore the appropriate penalty is a fine of $200.00.


penalty:

This Committee imposes a fine of $200.00 on Mr Whittaker.


hearing_type: Hearing


Rules: Rule 869(2)and the Use of Whip Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr L Whittaker - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: abcd97abe0d5f2d0124c4f25c47aa9e1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2848e41c3d4fe817928ab0c3dc301457


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/09/2019


meet_title: Harness Racing Waikato - 5 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Harness Racing Waikato