Nelson HRC 10 June 2018 – R 6 – Chair, Mr T Utikere
ID: JCA12706
Meet Title:
Nelson HRC - 10 June 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2018/06/10
Race Number:
Race 6
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Davis is fined $200.
Facts:
Following the running of Race 6 (Hardy’s Bar & TAB Mobile Pace 2400m) Information A10808 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Mr Davis "you used your whip on more occasions than permitted inside the final 400m". Mr Davis signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) states: "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."
The Use of Whip Regulation clause (b) reads: "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."
Using the side-on film Mr Wallis identified GAME CHANGER racing in the trail during the run to the line. Mr Davis was then observed to utilise the Passing Lane, activate his removable gear and then go on to win the race. Mr Wallis submitted that he had used his whip on 13 occasions within the final 400m, and was in breach of the rule and specifically clause (b) of the Use of Whip Regulation.
While Mr Davis was not present, Mr Wallis advised the Committee that he was of the same opinion as the stewards as to the number of times that he had used his whip.
Submissions for Penalty:
It was identified that Mr Davis had a clear record under this rule and the stipendiary stewards submitted a $200 fine as appropriate. Mr Davis was not present to make any submissions to the contrary.
Reasons for Penalty:
It is clear from the side-on film that Mr Davis used his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his first breach of the rule, it considers a fine as identified in the Regulation's sliding scale as appropriate.
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: 4cd3a10aa53448fb8b606fb40258a5e3
informantnumber: A10808
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/06/2018
hearing_title: Nelson HRC 10 June 2018 - R 6 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 6 (Hardy’s Bar & TAB Mobile Pace 2400m) Information A10808 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Mr Davis "you used your whip on more occasions than permitted inside the final 400m". Mr Davis signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) states: "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."
The Use of Whip Regulation clause (b) reads: "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."
Using the side-on film Mr Wallis identified GAME CHANGER racing in the trail during the run to the line. Mr Davis was then observed to utilise the Passing Lane, activate his removable gear and then go on to win the race. Mr Wallis submitted that he had used his whip on 13 occasions within the final 400m, and was in breach of the rule and specifically clause (b) of the Use of Whip Regulation.
While Mr Davis was not present, Mr Wallis advised the Committee that he was of the same opinion as the stewards as to the number of times that he had used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
It was identified that Mr Davis had a clear record under this rule and the stipendiary stewards submitted a $200 fine as appropriate. Mr Davis was not present to make any submissions to the contrary.
reasonsforpenalty:
It is clear from the side-on film that Mr Davis used his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his first breach of the rule, it considers a fine as identified in the Regulation's sliding scale as appropriate.
penalty:
Mr Davis is fined $200.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr P Davis - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 304a17b09b5a07ec7b13a53a2694048e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 32de1d616e45892c2c7ae23f63870e13
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2018
meet_title: Nelson HRC - 10 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC