Ashburton TC 3 June 2018 – R 9 – Chair, Mr S Ching
ID: JCA12544
Meet Title:
Ashburton TC - 3 June 2018
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2018/06/03
Race Number:
R9
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Payne was suspended from the conclusion of racing today up to and including 14 June 2018. Relevant race meetings encompassed in this period of suspension are Nelson 8 June, Nelson 10 June and Addington 14 June 2018.
Facts:
Following the running of Race 9, the Mount Hutt Trotting Club Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr R Payne, alleging a breach of Rule 869(2) in that he used his whip outside of Clause (b) of the use of Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(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
Mr Payne had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Payne, driving BEYOND THE HORIZON, inside the 400m and racing 3 back and one off the pylons. Mr Renault said that after entering the home straight, Mr Payne drew the whip and struck BEYOND THE HORIZON, 12 times in a forehand action over the concluding stages which was in breach of the Whip Guideline Regulations.
Submissions for Penalty:
Mr Renault stated that Mr Payne’s record showed a breach of this rule at Nelson on 19 January 2018 where he received a 5-day suspension for a second breach within a 6-month period. He stated that the JCA Penalty Guide provided a 3-day suspension for a second breach of this rule within a 6-month period. He stated that Mr Payne had admitted the breach and had been cooperative with the Stewards. Mr Renault submitted that a 3-day suspension be considered as penalty. He also stated that Mr Payne had requested any suspension begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a 3-day suspension for a second breach of this rule within a 6-month period. This Committee determined that here were no aggravating factors to consider, warranting an uplift in penalty and after taking all factors into consideration we determined that a 3-day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 6aad333248bedc1045a42befe6b8e0ed
informantnumber: A 09646
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/06/2018
hearing_title: Ashburton TC 3 June 2018 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Mount Hutt Trotting Club Handicap Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr R Payne, alleging a breach of Rule 869(2) in that he used his whip outside of Clause (b) of the use of Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(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
Mr Payne had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Payne, driving BEYOND THE HORIZON, inside the 400m and racing 3 back and one off the pylons. Mr Renault said that after entering the home straight, Mr Payne drew the whip and struck BEYOND THE HORIZON, 12 times in a forehand action over the concluding stages which was in breach of the Whip Guideline Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Payne had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Payne’s record showed a breach of this rule at Nelson on 19 January 2018 where he received a 5-day suspension for a second breach within a 6-month period. He stated that the JCA Penalty Guide provided a 3-day suspension for a second breach of this rule within a 6-month period. He stated that Mr Payne had admitted the breach and had been cooperative with the Stewards. Mr Renault submitted that a 3-day suspension be considered as penalty. He also stated that Mr Payne had requested any suspension begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a 3-day suspension for a second breach of this rule within a 6-month period. This Committee determined that here were no aggravating factors to consider, warranting an uplift in penalty and after taking all factors into consideration we determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Payne was suspended from the conclusion of racing today up to and including 14 June 2018. Relevant race meetings encompassed in this period of suspension are Nelson 8 June, Nelson 10 June and Addington 14 June 2018.
hearing_type: Hearing
Rules: 869(2)and Whip Regulation(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Payne - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 22893258c9acf5c9fd79c55e3e47b98b
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: 1560d729e73c7c827ab72a4ccca136c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2018
meet_title: Ashburton TC - 3 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Ashburton TC