Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

NZ Metro TC 19 July 2020 – R 6 – Chair, Mr R McKenzie

ID: JCA10702

Applicant:
P Williams, Stipendiary Steward

Respondent(s):
K G Cameron, Licensed Open Driver

Information Number:
A13266

Hearing Type:
Hearing

New Charge:
Breach of Use of the Whip Regulations

Rules:
869(2)& Use of the Whip Regulations

Plea:
admitted

Meet Title:
NZ Metro TC - 19 July 2020

Meet Chair:
RMcKenzie

Race Date:
2020/07/19

Race Number:
R6

Decision:

Mr Cameron having admitted the breach, the charge was found proved.

Penalty:

Mr Cameron is fined the sum of $300.

Facts:

Following the running of Race 6, IRT “Your Horse Our Passion” Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr K G Cameron, alleging that Mr Cameron, as the driver of FYNN FROST in the race, “used his whip on more occasions than is permitted by the Use of the Whip Regulations”.

Mr Cameron had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.

Rule 869 provides as follows:

(2) 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 Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Williams showed a video replay of the final 400 metres of the race. He pointed out FYNN FROST, driven by Mr Cameron, racing in about 7th position, and behind horses, as the field turned into the home straight. Mr Cameron then shifted to the inside to obtain racing room and commenced using his whip. From that point, Mr Williams submitted, Mr Cameron used his whip on 14 occasions to the finishing line, finishing in 2nd placing, a half-length from the winner.

Mr Cameron said that he accepted the alleged count of 14 strikes as accurate. He explained that he had used a longer whip than usual in this race, and would not be using it again. 

Submissions for Penalty:

Mr Williams told the Committee that Mr Cameron had a clear record under the rule, his last breach being on 26 December 2019.

Mr Williams said that Mr Cameron had discussed with Stewards the possibility of a suspension. Mr Cameron was advised by the Committee that, with having a clear record and with the number of strikes being in the mid-range of 14-16, a fine for the breach would be in the sum of $300, as per the Regulation. Mr Cameron indicated that his preference was for a fine.

Reasons for Penalty:

The Penalty Guide in the Regulation prescribes a fine of $300 for 14-16 strikes in the case of a driver with a clear record, as in Mr Cameron’s case. There were no aggravating or mitigating factors that the Committee needed to take into account.

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: 080de1cc3b9d93bf33c579f6d950e2a6


informantnumber: A13266


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 20/07/2020


hearing_title: NZ Metro TC 19 July 2020 - R 6 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, IRT “Your Horse Our Passion” Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr K G Cameron, alleging that Mr Cameron, as the driver of FYNN FROST in the race, “used his whip on more occasions than is permitted by the Use of the Whip Regulations”.

Mr Cameron had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.

Rule 869 provides as follows:

(2) 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 Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Williams showed a video replay of the final 400 metres of the race. He pointed out FYNN FROST, driven by Mr Cameron, racing in about 7th position, and behind horses, as the field turned into the home straight. Mr Cameron then shifted to the inside to obtain racing room and commenced using his whip. From that point, Mr Williams submitted, Mr Cameron used his whip on 14 occasions to the finishing line, finishing in 2nd placing, a half-length from the winner.

Mr Cameron said that he accepted the alleged count of 14 strikes as accurate. He explained that he had used a longer whip than usual in this race, and would not be using it again. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Cameron having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Williams told the Committee that Mr Cameron had a clear record under the rule, his last breach being on 26 December 2019.

Mr Williams said that Mr Cameron had discussed with Stewards the possibility of a suspension. Mr Cameron was advised by the Committee that, with having a clear record and with the number of strikes being in the mid-range of 14-16, a fine for the breach would be in the sum of $300, as per the Regulation. Mr Cameron indicated that his preference was for a fine.


reasonsforpenalty:

The Penalty Guide in the Regulation prescribes a fine of $300 for 14-16 strikes in the case of a driver with a clear record, as in Mr Cameron’s case. There were no aggravating or mitigating factors that the Committee needed to take into account.


penalty:

Mr Cameron is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)& Use of the Whip Regulations


Informant: P Williams, Stipendiary Steward


JockeysandTrainer: K G Cameron, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 05c262a26b08c7adf795bf9f2579c331


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0af92e8bea928e6a349902326c81b3c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/07/2020


meet_title: NZ Metro TC - 19 July 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: NZ Metro TC