Waikato BOP H 7 March 2018 – R 1 – Chair, Mr A Godsalve
ID: JCA12611
Meet Title:
Harness Racing Waikato - 7 March 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ASmith
Race Date:
2018/03/07
Race Number:
R1
Decision:
As Mr Phillips has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $200 on Mr Phillips.
Facts:
Following the running of Race 1, the HARNESS JEWELS 02/06 TICKETS ON SALE NOW MBL PACE 1700m, Mr Muirhead submitted an Information alleging that Amateur Horseman Mr S Phillips used his whip excessively over the final 400 metres on POPPY DRAYTON. Mr Phillips was not present at the hearing, however he endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to attend 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'.
Using the available films Mr Mulcay identified the horse POPPY DRAYTON, driven by Mr Phillips as the field neared the 400 metres mark. The horse was trailing 3 back on the pegs at that time. Shortly after, Mr Phillips angled the horse out and began to improve its position around the horse ahead of it. As the field entered the home straight Mr Phillips struck the horse several times with his whip. The horse responded to his urgings and began to challenge the leader. From that position until the finish Mr Phillips continued to strike the horse and also use the reins to urge it forward. POPPY DRAYTON eventually finished 2nd. Mr Mulcay stated that in all Mr Phillips struck the horse 13 times with his whip.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide. He stated that Mr Phillips had not breached this Rule within the previous 6 months. He added that where the number of strikes involved was 13, the Guidelines provided a starting point of a fine of $200.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provided a starting point of a $200 fine when (a) the driver did not have any prior breaches recorded in the previous 6 months, and (b) the number of strikes involved was 13. The Committee did not believe any factors were present which would indicate any uplift on that starting point was called for. We were satisfied that the films showed the number of strikes with the whip was 13.
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: 3eff10e37a1838d57ee20b137ea1753f
informantnumber: A2647
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 07/03/2018
hearing_title: Waikato BOP H 7 March 2018 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the HARNESS JEWELS 02/06 TICKETS ON SALE NOW MBL PACE 1700m, Mr Muirhead submitted an Information alleging that Amateur Horseman Mr S Phillips used his whip excessively over the final 400 metres on POPPY DRAYTON. Mr Phillips was not present at the hearing, however he endorsed the Information to the effect that:
(a) He admitted the breach, and
(b) He did not wish to attend 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'.
Using the available films Mr Mulcay identified the horse POPPY DRAYTON, driven by Mr Phillips as the field neared the 400 metres mark. The horse was trailing 3 back on the pegs at that time. Shortly after, Mr Phillips angled the horse out and began to improve its position around the horse ahead of it. As the field entered the home straight Mr Phillips struck the horse several times with his whip. The horse responded to his urgings and began to challenge the leader. From that position until the finish Mr Phillips continued to strike the horse and also use the reins to urge it forward. POPPY DRAYTON eventually finished 2nd. Mr Mulcay stated that in all Mr Phillips struck the horse 13 times with his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Phillips has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide. He stated that Mr Phillips had not breached this Rule within the previous 6 months. He added that where the number of strikes involved was 13, the Guidelines provided a starting point of a fine of $200.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provided a starting point of a $200 fine when (a) the driver did not have any prior breaches recorded in the previous 6 months, and (b) the number of strikes involved was 13. The Committee did not believe any factors were present which would indicate any uplift on that starting point was called for. We were satisfied that the films showed the number of strikes with the whip was 13.
penalty:
Accordingly the Committee imposed a fine of $200 on Mr Phillips.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr S Phillips, Amateur Horseman
Otherperson: Mr S Mulcay - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a15b266ec27052431e11812021d4dc6
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: 019953db0ac414d017d2dac1cca27d20
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2018
meet_title: Harness Racing Waikato - 7 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ASmith
meet_pm2: none
name: Harness Racing Waikato