Banks Peninsula TC 27 November 2011 – R 5
ID: JCA12020
Meet Title:
Banks Peninsula TC - 27 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/11/27
Race Number:
R5
Decision:
As Mr Close admitted the breach, the charge was found proved.
Penalty:
Mr Close’s Junior Horseman’s Licence was suspended for a period commencing after the close of racing on 27 November 2011, up to and including Friday, 10 December 2011. This was effectively 4 days and encompassed the meetings at Addington on 2 December, Waimate on 4 December, Rangiora on 7 December and Addington on 10 December 2011.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 5, Polarcold Stores Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Horseman, Mr R D Close, alleging a breach of Rule 869 (2) (a) in that, as the driver of LIMA LASS in the race, he “used his whip in an excessive manner over the concluding stages of this event”.
Mr Close was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr R D Holmes.
Rule 869 provides as follows:
2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr S W Wallis, Stipendiary Steward, showed side-on and head-on video replays of the final 450 metres of the race. He pointed out Mr Close, driving LIMA LASS, racing 3-wide turning for home, commence using his whip. Mr Renault said that it was the Stewards’ allegation that Mr Close used his whip on approximately 25 occasions from the 400 metres, which was excessive and “too many”.
Mr Close admitted that was the number of times he used the whip, as alleged by the Stewards.
Mr Renault said that it was of concern to the Stewards that Mr Close had used no alternative actions in the run home but had used his whip continuously.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Close was a second-season Junior Horseman. He has had 163 lifetime drives, including 113 in the 2010/2011 season and, in the current season to date, has had 50 drives. Mr Close had received a $200 fine for excessive use of the whip at the Akaroa meeting on 20 March last and $225 at Forbury Park on 13 May last, Mr Renault said. Mr Renault referred to the Penalty Guide and submitted that a suspension of 5 days was an appropriate penalty.
Neither Mr Close nor Mr Holmes wished to make any submission in relation to penalty. Mr Close did not seek any deferment of suspension.
Reasons for Penalty:
The Committee took, as a starting point in determining penalty in this case, the recommendation in the Penalty Guide – that is to say, a suspension for 10 drives. The Committee was able to discount that for Mr Close’s admission of the breach, but it was of concern to the Committee that the present breach follows two previous breaches of the Rule since March 2011. That was an aggravating factor. In view of that, the Committee did not consider a fine but deemed a term of suspension to be an appropriate penalty.
Weighing up all of these factors, the Committee decided that a suspension for 5 days was the appropriate penalty in this case. The penalty needed to include a deterrent factor.
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: 2b0f7155a1ac6b1bd47df8791a7ae312
informantnumber: A5471
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Banks Peninsula TC 27 November 2011 - R 5
charge:
Excessive use of the whip.
facts:
Following the running of Race 5, Polarcold Stores Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Horseman, Mr R D Close, alleging a breach of Rule 869 (2) (a) in that, as the driver of LIMA LASS in the race, he “used his whip in an excessive manner over the concluding stages of this event”.
Mr Close was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr R D Holmes.
Rule 869 provides as follows:
2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr S W Wallis, Stipendiary Steward, showed side-on and head-on video replays of the final 450 metres of the race. He pointed out Mr Close, driving LIMA LASS, racing 3-wide turning for home, commence using his whip. Mr Renault said that it was the Stewards’ allegation that Mr Close used his whip on approximately 25 occasions from the 400 metres, which was excessive and “too many”.
Mr Close admitted that was the number of times he used the whip, as alleged by the Stewards.
Mr Renault said that it was of concern to the Stewards that Mr Close had used no alternative actions in the run home but had used his whip continuously.
reasonsfordecision:
Decision:
As Mr Close admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Close was a second-season Junior Horseman. He has had 163 lifetime drives, including 113 in the 2010/2011 season and, in the current season to date, has had 50 drives. Mr Close had received a $200 fine for excessive use of the whip at the Akaroa meeting on 20 March last and $225 at Forbury Park on 13 May last, Mr Renault said. Mr Renault referred to the Penalty Guide and submitted that a suspension of 5 days was an appropriate penalty.
Neither Mr Close nor Mr Holmes wished to make any submission in relation to penalty. Mr Close did not seek any deferment of suspension.
reasonsforpenalty:
The Committee took, as a starting point in determining penalty in this case, the recommendation in the Penalty Guide – that is to say, a suspension for 10 drives. The Committee was able to discount that for Mr Close’s admission of the breach, but it was of concern to the Committee that the present breach follows two previous breaches of the Rule since March 2011. That was an aggravating factor. In view of that, the Committee did not consider a fine but deemed a term of suspension to be an appropriate penalty.
Weighing up all of these factors, the Committee decided that a suspension for 5 days was the appropriate penalty in this case. The penalty needed to include a deterrent factor.
penalty:
Mr Close’s Junior Horseman’s Licence was suspended for a period commencing after the close of racing on 27 November 2011, up to and including Friday, 10 December 2011. This was effectively 4 days and encompassed the meetings at Addington on 2 December, Waimate on 4 December, Rangiora on 7 December and Addington on 10 December 2011.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: Mr R D Close - Licensed Junior Horseman
Otherperson: Mr R D Holmes - Licensed Open Horseman, Mr S W Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 86bb19963035dd574c7fe956a6301569
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3d1c5d11a2a005be352952ee959f01c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2011
meet_title: Banks Peninsula TC - 27 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC