Archive Decision

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Waikouaiti HRC 12 February 2012 – R 6

ID: JCA12737

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr J Trainor - Junior Driver

Other Person:
Mr D Dunn - Licensed Open Horseman assisting Mr Trainor

Information Number:
5498

Hearing Type:
Hearing

Rules:
R 6 869(2)(a)

Plea:
admitted

Meet Title:
Waikouaiti HRC - 12 February 2012

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2012/02/12

Race Number:
R10

Decision:

Mr Trainor admitted the breach, which we thus find proved.

Penalty:

We impose a fine of $150 and remind the respondent of his obligations under r 869(2)(a). The fact the horse is responding to his urgings is not a reason to breach the rule.

Charge:

Mr Wallis, stipendiary steward, alleged that Mr J Trainor (BETTER TO BE BAD) used his whip excessively over the final stages.

Facts:

Mr Allison demonstrated on the videos that from the 400 metres to the finish the respondent used his whip some 24 times when making a run down the outside of the track. The horse won the race by a nose. 

Submissions for Decision:

Both Mr Allison and Mr Wallis acknowledged that the respondent had broken up the strikes with the whip but said there were simply too many of them.

Mr Dunn, who assisted Mr Trainor, emphasised that the respondent had broken up his action and that the horse had only just got up. He said this was not a case of a driver repeatedly hitting the horse and asked us to consider that this was one of the respondent’s first wins and certainly his first at Waikouaiti. Mr Trainor said he was aware of the rule and was trying to break up the strikes and was encouraged to keep using the whip as this horse is very honest and was responding.

Submissions for Penalty:

Mr Wallis produced the respondent’s record, which was clear under this rule. He submitted a fine of $200 was appropriate. Mr Trainor asked for a fine as low as was appropriate and asked us to consider that he had only won the race by a narrow margin.

Reasons for Penalty:

We accept the breach is not top end. We counted 22 strikes up the straight. The respondent has clearly broken up the strikes with the whip and in that regard he can be seen to be trying to comply with the rule. That the respondent won the race only narrowly is a double-edged sword as arguably had he complied with the rule the horse may not have responded to his urgings so positively.

The Penalty Guide recommends a starting point of 6 drives or $300. We take a lesser starting point of $250 to reflect the respondent’s attempts to break up his action. We also give credit for the fact he is a relatively inexperienced junior driver, his open and honest admission of the breach, and his excellent record.

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: 516d9525a50960c6ff06727c007f4658


informantnumber: 5498


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2012


hearing_title: Waikouaiti HRC 12 February 2012 - R 6


charge:

Mr Wallis, stipendiary steward, alleged that Mr J Trainor (BETTER TO BE BAD) used his whip excessively over the final stages.


facts:

Mr Allison demonstrated on the videos that from the 400 metres to the finish the respondent used his whip some 24 times when making a run down the outside of the track. The horse won the race by a nose. 


appealdecision:


isappeal:


submissionsfordecision:

Both Mr Allison and Mr Wallis acknowledged that the respondent had broken up the strikes with the whip but said there were simply too many of them.

Mr Dunn, who assisted Mr Trainor, emphasised that the respondent had broken up his action and that the horse had only just got up. He said this was not a case of a driver repeatedly hitting the horse and asked us to consider that this was one of the respondent’s first wins and certainly his first at Waikouaiti. Mr Trainor said he was aware of the rule and was trying to break up the strikes and was encouraged to keep using the whip as this horse is very honest and was responding.


reasonsfordecision:


Decision:

Mr Trainor admitted the breach, which we thus find proved.


sumissionsforpenalty:

Mr Wallis produced the respondent’s record, which was clear under this rule. He submitted a fine of $200 was appropriate. Mr Trainor asked for a fine as low as was appropriate and asked us to consider that he had only won the race by a narrow margin.


reasonsforpenalty:

We accept the breach is not top end. We counted 22 strikes up the straight. The respondent has clearly broken up the strikes with the whip and in that regard he can be seen to be trying to comply with the rule. That the respondent won the race only narrowly is a double-edged sword as arguably had he complied with the rule the horse may not have responded to his urgings so positively.

The Penalty Guide recommends a starting point of 6 drives or $300. We take a lesser starting point of $250 to reflect the respondent’s attempts to break up his action. We also give credit for the fact he is a relatively inexperienced junior driver, his open and honest admission of the breach, and his excellent record.


penalty:

We impose a fine of $150 and remind the respondent of his obligations under r 869(2)(a). The fact the horse is responding to his urgings is not a reason to breach the rule.


hearing_type: Hearing


Rules: R 6 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr J Trainor - Junior Driver


Otherperson: Mr D Dunn - Licensed Open Horseman assisting Mr Trainor


PersonPresent:


Respondent:


StipendSteward:


raceid: 093d0a4748b0bb2c8e65ffe95952bf5a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c553abdd17b30a4033d87cfd91927bbe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/02/2012


meet_title: Waikouaiti HRC - 12 February 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Waikouaiti HRC