Archive Decision

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Waikato/BOP HI 28 January 2018 – R 5 – Chair, Mr A Godsalve

ID: JCA13268

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr T Cameron-Junior Driver of GALLEONS VICTORY

Information Number:
A7022

Hearing Type:
Hearing

New Charge:
Excess use of whip

Rules:
Rule 869(2)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 28 January 2018

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2018/01/28

Race Number:
R5

Decision:

As Mr Cameron has admitted the breach we find the charge proved.

Penalty:

Accordingly we imposed a fine of $200 on Mr Cameron.

Facts:

Following the running of Race 5, the ALISON WALLS MEMORIAL JUNIOR DRIVERS MBL TROT 1950m an Information was produced by Mr Mulcay alleging that Junior Driver Mr T Cameron had used his whip excessively over the final 400 metres. Mr Cameron was not at the hearing, however he noted on the Information that (a) he did not wish to be present, and that (b) he admitted the breach. The Committee confirmed with Mr Mulcay that as Mr Cameron was a Junior Driver that he had an Open Horseman (Mr T Mitchell) with him at his initial interview with the Stewards.

Rule 869(2) provides '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 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 films Mr Mulcay identified the horse GALLEONS VICTORY, driven by Mr Cameron as the horse passed the 400 metres mark. From that position until the finish Mr Cameron struck the horse 12 times with his whip. GALLEONS VICTORY won the race, and Mr Mulcay pointed out that most of the strikes were not applied with much vigour. However he added that Mr Cameron had breached the Rule and Regulation.

Submissions for Penalty:

Mr Mulcay advised the Committee that Mr Cameron had not breached this Rule in the previous 6 months, and added that the breach of the Rule was at the low end of the scale. He submitted that the sliding scale introduced on 30 November 2017 provided a fine of $200 where 12 strikes of the whip were involved.

Reasons for Penalty:

The Committee confirmed that the sliding scale where 11-13 strikes were involved provided a fine of $200. We did not believe there were any factors which would suggest an update of that amount. Mr Cameron had no previous breaches within the last 6 months and the strikes were at the low end of the scale.

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: 5a80f7c4b3e5b37cbc2860096eb003b7


informantnumber: A7022


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excess use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/01/2018


hearing_title: Waikato/BOP HI 28 January 2018 - R 5 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 5, the ALISON WALLS MEMORIAL JUNIOR DRIVERS MBL TROT 1950m an Information was produced by Mr Mulcay alleging that Junior Driver Mr T Cameron had used his whip excessively over the final 400 metres. Mr Cameron was not at the hearing, however he noted on the Information that (a) he did not wish to be present, and that (b) he admitted the breach. The Committee confirmed with Mr Mulcay that as Mr Cameron was a Junior Driver that he had an Open Horseman (Mr T Mitchell) with him at his initial interview with the Stewards.

Rule 869(2) provides '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 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 films Mr Mulcay identified the horse GALLEONS VICTORY, driven by Mr Cameron as the horse passed the 400 metres mark. From that position until the finish Mr Cameron struck the horse 12 times with his whip. GALLEONS VICTORY won the race, and Mr Mulcay pointed out that most of the strikes were not applied with much vigour. However he added that Mr Cameron had breached the Rule and Regulation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cameron has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay advised the Committee that Mr Cameron had not breached this Rule in the previous 6 months, and added that the breach of the Rule was at the low end of the scale. He submitted that the sliding scale introduced on 30 November 2017 provided a fine of $200 where 12 strikes of the whip were involved.


reasonsforpenalty:

The Committee confirmed that the sliding scale where 11-13 strikes were involved provided a fine of $200. We did not believe there were any factors which would suggest an update of that amount. Mr Cameron had no previous breaches within the last 6 months and the strikes were at the low end of the scale.


penalty:

Accordingly we imposed a fine of $200 on Mr Cameron.


hearing_type: Hearing


Rules: Rule 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr T Cameron-Junior Driver of GALLEONS VICTORY


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bfc48a62c363bcf547e321f5154d642c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5128a7ca0ea58382c187a779e586f0a2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2018


meet_title: Harness Racing Waikato - 28 January 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