Waverley RC 30 July 2015 – R 3 – Chair, Mr T Utikere
ID: JCA13664
Code:
Thoroughbred
Meet Title:
Waverley RC - 30 July 2015
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2015/07/30
Race Number:
R3
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Apprentice McNelis is fined $350.
Facts:
Following the running of Race 3 (Clarendon Hotel Highweight 1650m), Information A2741 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b) in that Apprentice McNelis “used his whip excessively prior to the 200 metres”.
Mr McNelis, confirmed that he understood the rule and that he admitted the breach.
Mr Goodwin confirmed that the charge in this instance related to excessive use of the whip. Using the side-on film, Mr Goodwin identified Apprentice McNelis using his whip on HANCOCK soon after the field straightened for the run home. He was observed to strike his horse approximately 12 times in quick succession prior to the 200 metres. Mr McNelis admitted it was a regrettable mistake and that he had misjudged where the 200 metre mark had been.
Submissions for Penalty:
In presenting Apprentice McNelis’ record, Mr Goodwin identified that this was his first charge of any nature. He advised the committee that Mr McNelis had received a warning for his whip use on 23 May, and in light of his good record, admission of the breach and that Mr McNelis was an apprentice rider, submitted a fine at a level less than the $500 JCA Penalty Guidelines starting point as appropriate. Mr McNelis asked the committee to consider that he had admitted the breach and that this was the first time he had appeared before a judicial committee. In response to questions from the committee he advised that he had ridden on approximately 70 occasions, including over jumps, and that HANCOCK was responding to his whip use. He simply stated he was overly vigorous on this occasion.
Reasons for Penalty:
The committee considered all of the submissions placed before it. Excessive whip use has a very negative public perception and the starting points for this offence have been adjusted upwards to reflect this. It was clear that Mr McNelis had a good record under this rule as it was the first time he had been charged with a breach of the rules of racing. He had admitted the breach at the earliest opportunity and was co-operative during the judicial process. These collective factors mitigate the fine downwards from the $500 starting point.
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: 55bff87e89f345129dae5a2f7eaba94e
informantnumber: A2741
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/07/2015
hearing_title: Waverley RC 30 July 2015 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (Clarendon Hotel Highweight 1650m), Information A2741 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b) in that Apprentice McNelis “used his whip excessively prior to the 200 metres”.
Mr McNelis, confirmed that he understood the rule and that he admitted the breach.
Mr Goodwin confirmed that the charge in this instance related to excessive use of the whip. Using the side-on film, Mr Goodwin identified Apprentice McNelis using his whip on HANCOCK soon after the field straightened for the run home. He was observed to strike his horse approximately 12 times in quick succession prior to the 200 metres. Mr McNelis admitted it was a regrettable mistake and that he had misjudged where the 200 metre mark had been.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Apprentice McNelis’ record, Mr Goodwin identified that this was his first charge of any nature. He advised the committee that Mr McNelis had received a warning for his whip use on 23 May, and in light of his good record, admission of the breach and that Mr McNelis was an apprentice rider, submitted a fine at a level less than the $500 JCA Penalty Guidelines starting point as appropriate. Mr McNelis asked the committee to consider that he had admitted the breach and that this was the first time he had appeared before a judicial committee. In response to questions from the committee he advised that he had ridden on approximately 70 occasions, including over jumps, and that HANCOCK was responding to his whip use. He simply stated he was overly vigorous on this occasion.
reasonsforpenalty:
The committee considered all of the submissions placed before it. Excessive whip use has a very negative public perception and the starting points for this offence have been adjusted upwards to reflect this. It was clear that Mr McNelis had a good record under this rule as it was the first time he had been charged with a breach of the rules of racing. He had admitted the breach at the earliest opportunity and was co-operative during the judicial process. These collective factors mitigate the fine downwards from the $500 starting point.
penalty:
Apprentice McNelis is fined $350.
hearing_type: Hearing
Rules: Rule 638(3)(b)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: M McNelis - Licensed Apprentice Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f95f317a8720b79e03e29333a040d75a
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: ce657d77ebe65333d5a70737b1764115
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/07/2015
meet_title: Waverley RC - 30 July 2015
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "276", "Total": "171.12", "kmprice": 171.12, "Approved": "on"}]
meet_otherexp:
tracklocation: waverley-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Waverley RC