Waikato BOP H 6 December 2017 – R 9 – Chair, Mr A Godsalve
ID: JCA15688
Meet Title:
Harness Racing Waikato - 6 December 2017
Meet Chair:
AGodsalve
Race Date:
2017/12/06
Race Number:
R9
Decision:
As the breach was admitted the Committee found the charge proved.
Penalty:
The Committee therefore imposed a fine of $300 on Mr McGowan.
Facts:
Following the running of Race 9, the HYNDS PIPES SYSTEMS HANDICAP TROT 2200m, an Information was submitted alleging that Open Horseman Mr D McGowan, driving JEWEL OF SHEBAR had used his whip in excess of 10 occasions inside the final 400m.
Mr McGowan had 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) provides that : '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 introduced from 1 December 2017 state 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 films, Mr Mulcay identified JEWEL OF SHEBAR as the field neared the home turn. The horse was in a trailing position. Between about the 300m mark and the finish, Mr McGowan struck the horse and/or its sulky 16 times with his whip. Most of the strikes were quite 'light', and some were not much more than 'taps'. Several of the strikes were 'backhanders'. However the horse was challenging - it eventually finished in 3rd position - and the use of the whip was outside the guidelines. Mr McGowan elected not to be present at the hearing, and has admitted the breach.
Submissions for Penalty:
Mr Mulcay referred to the Regulations introduced on 1 December 2017. The sliding scale of penalties for breaches of this Rule refers to occasions when drivers use their whip for between 14-16 strikes. The starting point for this breach is a fine of $300. Mr Mulcay said that the Stewards submitted that they believed this matter did not call for an uplift on the starting point.
Reasons for Penalty:
The Committee confirmed that the starting point for a breach of this Rule when strikes of between 14-16 were involved is a fine of $300. Mr McGowan has not breached this Rule since the new Regulations were introduced on 1 December 2017. The strikes were of no great significance - some were light 'backhanders' and some applied to the sulky. However the number of strikes was outside the Guidelines, and consequently a penalty was required. The Committee felt that a fine of $300 was the 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: c382b10ec521e63d0fe48cb6b958e061
informantnumber: A2637
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 06/12/2017
hearing_title: Waikato BOP H 6 December 2017 - R 9 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 9, the HYNDS PIPES SYSTEMS HANDICAP TROT 2200m, an Information was submitted alleging that Open Horseman Mr D McGowan, driving JEWEL OF SHEBAR had used his whip in excess of 10 occasions inside the final 400m.
Mr McGowan had 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) provides that : '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 introduced from 1 December 2017 state 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 films, Mr Mulcay identified JEWEL OF SHEBAR as the field neared the home turn. The horse was in a trailing position. Between about the 300m mark and the finish, Mr McGowan struck the horse and/or its sulky 16 times with his whip. Most of the strikes were quite 'light', and some were not much more than 'taps'. Several of the strikes were 'backhanders'. However the horse was challenging - it eventually finished in 3rd position - and the use of the whip was outside the guidelines. Mr McGowan elected not to be present at the hearing, and has admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the Regulations introduced on 1 December 2017. The sliding scale of penalties for breaches of this Rule refers to occasions when drivers use their whip for between 14-16 strikes. The starting point for this breach is a fine of $300. Mr Mulcay said that the Stewards submitted that they believed this matter did not call for an uplift on the starting point.
reasonsforpenalty:
The Committee confirmed that the starting point for a breach of this Rule when strikes of between 14-16 were involved is a fine of $300. Mr McGowan has not breached this Rule since the new Regulations were introduced on 1 December 2017. The strikes were of no great significance - some were light 'backhanders' and some applied to the sulky. However the number of strikes was outside the Guidelines, and consequently a penalty was required. The Committee felt that a fine of $300 was the appropriate penalty.
penalty:
The Committee therefore imposed a fine of $300 on Mr McGowan.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr D McGowan-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 99412720f9d03ec749180e30c04aafd8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf7b0de8a442b8d24853d491a01cabea
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2017
meet_title: Harness Racing Waikato - 6 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato