Archive Decision

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Methven TC 13 October 2019 – R 2 – Chair, Mr D Anderson

ID: JCA12445

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr J Markham - Open Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A12657

Hearing Type:
Hearing

New Charge:
Breach of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Methven TC - 13 October 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2019/10/13

Race Number:
R 2

Decision:

The charge was found proved.

Penalty:

Mr Markham is fined $300.

Facts:

Following the running of Race 2 the “JA & GD Trudgeon Trot” an Information was filed by Stipendiary Steward Mrs Tibbs alleging a breach of Rule 869(2) by Open Driver Mr J Markham. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Markham signed the information admitting the breach and stated he understood the Rule.

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 Regulation 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.

Mrs Tibbs used the race video to identify Mr Markham driving (15) DD’S SUPER STUART, three wide and leading entering the home straight. The Stewards, Mr Markham and the Committee counted 16 clear strikes with the whip in the run to the finishing post.

Submissions for Penalty:

Mrs Tibbs alluded to the sliding scale for this breach which requires a fine for a first offence.

Reasons for Penalty:

The JCA Penalty Guide provides a sliding scale starting point of a $300 fine for a breach involving 16 strikes mitigation inclusive.

There are no aggravating factors to warrant an uplift from this starting point.

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: 5d31f66fdc505dbfdae138239c80c3bd


informantnumber: A12657


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 14/10/2019


hearing_title: Methven TC 13 October 2019 - R 2 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 2 the “JA & GD Trudgeon Trot” an Information was filed by Stipendiary Steward Mrs Tibbs alleging a breach of Rule 869(2) by Open Driver Mr J Markham. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Markham signed the information admitting the breach and stated he understood the Rule.

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 Regulation 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.

Mrs Tibbs used the race video to identify Mr Markham driving (15) DD’S SUPER STUART, three wide and leading entering the home straight. The Stewards, Mr Markham and the Committee counted 16 clear strikes with the whip in the run to the finishing post.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mrs Tibbs alluded to the sliding scale for this breach which requires a fine for a first offence.


reasonsforpenalty:

The JCA Penalty Guide provides a sliding scale starting point of a $300 fine for a breach involving 16 strikes mitigation inclusive.

There are no aggravating factors to warrant an uplift from this starting point.


penalty:

Mr Markham is fined $300.


hearing_type: Hearing


Rules: 869(2)


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr J Markham - Open Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c6504302c37ac9ae7d9714f7732d80cf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5340253d1e63a3d18e069423de7c614e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/10/2019


meet_title: Methven TC - 13 October 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: Methven TC