Archive Decision

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Rangiora HRC 3 March 2011 – R 6

ID: JCA11639

Applicant:
Mr S. Renault - Stipendiary Steward

Respondent(s):
Mr D. Forbes

Information Number:
69109

Hearing Type:
Hearing

Rules:
869 (2) (a)

Plea:
admitted

Meet Title:
Rangiora HRC - 3 March 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/03/03

Race Number:
R6

Decision:

The charge was found to be proved.

Penalty:

Mr Forbes’ Open Horseman’s Licence was suspended from after the completion of racing today, 3 March 2011, until after the completion of racing on 15 March 2011. The specific dates of this suspension are 11 March 2011 at Westport, 13 March 2011 at Reefton, and 15 March 2011 at Oamaru.

Charge:

Unnecessary whip use

Facts:

Following the running of Race 6, the Mr Feelgood Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr D. R. Forbes alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that horseman D. Forbes used his whip in an unnecessary manner while driving “Ol Man River”.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Submissions for Decision:

Mr Forbes had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mr Renault gave evidence and used video coverage to show that Mr Forbes had used his whip on several occasions between the 700 and 400 metre mark when his horse was clearly a beaten runner.

Reasons for Decision:

As Mr Forbes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Renault advised that Mr Forbes had no previous convictions and had admitted the breach. Mr Forbes had advised Mr Renault that he was not in a position to pay a fine and that he would prefer a suspension. Mr Renault made submissions that Mr Forbes has had 37 drives so far this season, and that a suspension of 2 – 3 days should be imposed in this case.
We adjourned to consider the matter of an appropriate penalty.

Reasons for Penalty:

After considering the submissions on penalty we took into account that Mr Forbes had admitted the breach and that he had no previous convictions. We decided that a suspension for three driving days should be imposed in this case.

On resuming the hearing we advised the parties of our decision.

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: 213db4d314ec52c3d073d4c7adb18adf


informantnumber: 69109


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Rangiora HRC 3 March 2011 - R 6


charge:

Unnecessary whip use


facts:

Following the running of Race 6, the Mr Feelgood Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr D. R. Forbes alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that horseman D. Forbes used his whip in an unnecessary manner while driving “Ol Man River”.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”


appealdecision:


isappeal:


submissionsfordecision:

Mr Forbes had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mr Renault gave evidence and used video coverage to show that Mr Forbes had used his whip on several occasions between the 700 and 400 metre mark when his horse was clearly a beaten runner.


reasonsfordecision:

As Mr Forbes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty Mr Renault advised that Mr Forbes had no previous convictions and had admitted the breach. Mr Forbes had advised Mr Renault that he was not in a position to pay a fine and that he would prefer a suspension. Mr Renault made submissions that Mr Forbes has had 37 drives so far this season, and that a suspension of 2 – 3 days should be imposed in this case.
We adjourned to consider the matter of an appropriate penalty.


reasonsforpenalty:

After considering the submissions on penalty we took into account that Mr Forbes had admitted the breach and that he had no previous convictions. We decided that a suspension for three driving days should be imposed in this case.

On resuming the hearing we advised the parties of our decision.


penalty:

Mr Forbes’ Open Horseman’s Licence was suspended from after the completion of racing today, 3 March 2011, until after the completion of racing on 15 March 2011. The specific dates of this suspension are 11 March 2011 at Westport, 13 March 2011 at Reefton, and 15 March 2011 at Oamaru.


hearing_type: Hearing


Rules: 869 (2) (a)


Informant: Mr S. Renault - Stipendiary Steward


JockeysandTrainer: Mr D. Forbes


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f83b51ccc5a6b710f63aa60bd2ba8e39


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: 8e5af80fa3abd36fec8c78ea5af0f31c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/03/2011


meet_title: Rangiora HRC - 3 March 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Rangiora HRC