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.

Rangiora HRC 30 March 2011 – R 9

ID: JCA12364

Applicant:
K R Williams, Stipendiary Steward

Respondent(s):
R D Close, Licensed Junior Driver

Information Number:
69147

Hearing Type:
Hearing

Rules:
869 (2) (c)

Plea:
admitted

Meet Title:
Rangiora HRC - 30 March 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2011/03/30

Race Number:
R9

Decision:

The charge was found proved.

Penalty:

Mr Close was fined the sum of $200.

Charge:

Alleging a breach of Rule 869 (2) (c) - projecting whip outside the sulky.

Facts:

Following the running of Race 9, Caduceus Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams against Licensed Junior Driver, Mr R D Close, alleging a breach of Rule 862 (2) (c) in that, as the driver of PUERTO ESCONDIDO in the race, he “used his whip outside the sulky”.

Mr Close had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.

Submissions for Decision:

Mrs Williams confirmed that Mr Close had received advice from Licensed Open Horseman, Mr C D Thornley, prior to his signing the information form.

Mrs Williams showed a head-on video replay of the final 200-300 metres of the race. She pointed out Mr Close, driving PUERTO ESCONDIDO, enter the passing lane after the field entered the home straight. Mr Close then proceeded to use the whip, in his left hand, at “a right angle”. Mr Close continued to use his whip outside the sulky as opposed to up-and-down, Mrs Williams submitted. 

Submissions for Penalty:

Mrs Williams submitted that a fine of $200 was appropriate. Mr Close had no previous breaches of the Rule, she said.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Close’s admission of the breach and his junior driver status. The Committee was aware that a number of horsemen had previously been dealt with for breaches of the Rule, having admitted the breach and not previously breached the Rule, with fines of $200. A fine of $200 was appropriate in all of the circumstances of this case.

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: 5373ae5fcac7a20838730b5837fe5bcf


informantnumber: 69147


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Rangiora HRC 30 March 2011 - R 9


charge:

Alleging a breach of Rule 869 (2) (c) - projecting whip outside the sulky.


facts:

Following the running of Race 9, Caduceus Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams against Licensed Junior Driver, Mr R D Close, alleging a breach of Rule 862 (2) (c) in that, as the driver of PUERTO ESCONDIDO in the race, he “used his whip outside the sulky”.

Mr Close had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.


appealdecision:


isappeal:


submissionsfordecision:

Mrs Williams confirmed that Mr Close had received advice from Licensed Open Horseman, Mr C D Thornley, prior to his signing the information form.

Mrs Williams showed a head-on video replay of the final 200-300 metres of the race. She pointed out Mr Close, driving PUERTO ESCONDIDO, enter the passing lane after the field entered the home straight. Mr Close then proceeded to use the whip, in his left hand, at “a right angle”. Mr Close continued to use his whip outside the sulky as opposed to up-and-down, Mrs Williams submitted. 


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mrs Williams submitted that a fine of $200 was appropriate. Mr Close had no previous breaches of the Rule, she said.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Close’s admission of the breach and his junior driver status. The Committee was aware that a number of horsemen had previously been dealt with for breaches of the Rule, having admitted the breach and not previously breached the Rule, with fines of $200. A fine of $200 was appropriate in all of the circumstances of this case.


penalty:

Mr Close was fined the sum of $200.


hearing_type: Hearing


Rules: 869 (2) (c)


Informant: K R Williams, Stipendiary Steward


JockeysandTrainer: R D Close, Licensed Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e14213f180250b0c6710ef168783f3fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 963c05bde07555589202b7484fc45aa0


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/03/2011


meet_title: Rangiora HRC - 30 March 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "90", "Total": "55.8", "kmprice": 55.799999999999997, "Approved": "on"}]


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: Rangiora HRC