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.

Wyndham HRC 4 March 2017 – R 4 – Chair, Prof G Hall

ID: JCA10822

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr P Hunter - Open Horseman

Information Number:
A8587

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wyndham HRC - 4 March 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Race Date:
2017/03/04

Race Number:
R 4

Decision:

Mr Hunter admitted the charge. The charge is proved.

Penalty:

Mr Hunter is suspended from the conclusion of racing today Saturday 4 March 2017 until the conclusion of racing on Monday 20 March 2017.

This is 4 days:

Forbury – 9 March.
Invercargill – 11 March.
Invercargill – 18 March.
Wingatui – 20 March.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Hunter (RAKAROVER) used his whip excessively over the final 400 metres of the BMac Sheetmetal Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Wallis showed a video replay of the race, using the head on camera. He pointed out Mr Hunter, driving RAKAROVER, was racing one off the pylons inside the final 400 metres. He hit his horse 16 times with the whip without the reins.

Mr Hunter confirmed that he had hit the horse 16 times. The hits were broken up a little and he stated if he had had his hand on the rein he would not be before the JCA. He further added if he had hit his horse one more time, he might have won the race. His actions were not a bashing and his whip use was not overly excessive.

Submissions for Penalty:

Mr Wallis produced Mr Hunter’s record, which showed a similar charge on 21 December 2016 at Forbury Park where he was fined $300. He is a busy Southland driver with 165 drives last season and 81 to date this season. Mr Wallis stated that as this was Mr Hunter’s second breach within the 6 month period, the starting point under the guidelines was a 3 to 5 day suspension.

Mr Hunter said he would prefer a suspension and did not want to defer the starting date.

Reasons for Penalty:

The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide. There are 16 strikes and RAKAROVER was responding to these. We adopt a starting point of 5 days having regard to the fact that this was the respondent’s 2nd breach in a short time frame and the excessive number of strikes, there being 16 hits in the last 400 metres. We give credit for Mr Hunter’s early admission of the breach and his co-operation in this matter.

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: 034cec04eef3f2a26c1b8885507c2bf2


informantnumber: A8587


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 07/03/2017


hearing_title: Wyndham HRC 4 March 2017 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Hunter (RAKAROVER) used his whip excessively over the final 400 metres of the BMac Sheetmetal Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Wallis showed a video replay of the race, using the head on camera. He pointed out Mr Hunter, driving RAKAROVER, was racing one off the pylons inside the final 400 metres. He hit his horse 16 times with the whip without the reins.

Mr Hunter confirmed that he had hit the horse 16 times. The hits were broken up a little and he stated if he had had his hand on the rein he would not be before the JCA. He further added if he had hit his horse one more time, he might have won the race. His actions were not a bashing and his whip use was not overly excessive.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hunter admitted the charge. The charge is proved.


sumissionsforpenalty:

Mr Wallis produced Mr Hunter’s record, which showed a similar charge on 21 December 2016 at Forbury Park where he was fined $300. He is a busy Southland driver with 165 drives last season and 81 to date this season. Mr Wallis stated that as this was Mr Hunter’s second breach within the 6 month period, the starting point under the guidelines was a 3 to 5 day suspension.

Mr Hunter said he would prefer a suspension and did not want to defer the starting date.


reasonsforpenalty:

The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide. There are 16 strikes and RAKAROVER was responding to these. We adopt a starting point of 5 days having regard to the fact that this was the respondent’s 2nd breach in a short time frame and the excessive number of strikes, there being 16 hits in the last 400 metres. We give credit for Mr Hunter’s early admission of the breach and his co-operation in this matter.


penalty:

Mr Hunter is suspended from the conclusion of racing today Saturday 4 March 2017 until the conclusion of racing on Monday 20 March 2017.

This is 4 days:

Forbury – 9 March.
Invercargill – 11 March.
Invercargill – 18 March.
Wingatui – 20 March.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr P Hunter - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: aee2858c2565257e2d97d0827ccd677d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d9329519892556868b714204da30e159


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/03/2017


meet_title: Wyndham HRC - 4 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: none


name: Wyndham HRC