Reefton TC 30 December 2016 – R 5 – Chair, Mr S Ching
ID: JCA13469
Meet Title:
Reefton TC - 30 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/30
Race Number:
R5
Decision:
As Mr Markham had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Markham’s Horseman’s license is suspended from the conclusion of racing on 15 January 2017 up to and including 29 January 2017. Meetings encompassed in this period are Timaru on 18 January, Blenheim on 20 and 22 January, Addington on 27 January and Banks Peninsula on 29 January 2017.
Facts:
Following the running of Race 5, the Bruce Chandler Memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr C Markham, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Markham had endorsed the Information that this breach of the Rules was admitted. Mr Markham had also informed the Stewards that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Markham driving FRANCO TMICK turning for home when racing in the lead. Mr Wallis said that shortly after entering the home straight, Mr Markham drew the whip and used it freehand on 12 occasions over the final stages which was in breach of the Whip Guideline, as noted above. Mr Wallis submitted that the strikes were midrange in force.
Submissions for Penalty:
Mr Wallis stated that Mr Markham had driven on 36 occasions last season with drives this season, 35 to date. Mr Wallis stated that Mr Markham had admitted the breach but had received a suspension of 4 days at the Westport Trotting Clubs meeting on 26 December, a few days’ prior, which would take effect from the conclusion of today’s racing at Reefton up to and including 15 January 2017. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a second breach of this rule within 6 months and submitted that after taking all aggravating and mitigating factors into consideration, as well as the fact that Mr Markham drives on average 1 or 2 times a meeting, a 5-day suspension be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee considered the JCA Penalty Guide recommendation of a 3 to 5-day suspension for a second breach of this rule within a 6-month period. To ensure a meaningful penalty is imposed, the Committee adopted a 5-day starting point for this case due to the low number of drives Mr Markham normally has. The aggravating factor in this case was that this was the second breach by Mr Markham in a matter of days. We determined that this aggravating factor commanded an uplift of 1 day to 6 days. We were however, able to afford Mr Markham a discount of 1 day for his admission of the breach. We therefore determined that an appropriate penalty in this case was a 5-day suspension.
Decision Date: 02/01/2017
Publish Date: 02/01/2017
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: 3b247b040745359511ae17b6af26f64d
informantnumber: A8100
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2017
hearing_title: Reefton TC 30 December 2016 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Bruce Chandler Memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr C Markham, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Markham had endorsed the Information that this breach of the Rules was admitted. Mr Markham had also informed the Stewards that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Markham driving FRANCO TMICK turning for home when racing in the lead. Mr Wallis said that shortly after entering the home straight, Mr Markham drew the whip and used it freehand on 12 occasions over the final stages which was in breach of the Whip Guideline, as noted above. Mr Wallis submitted that the strikes were midrange in force.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Markham had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Markham had driven on 36 occasions last season with drives this season, 35 to date. Mr Wallis stated that Mr Markham had admitted the breach but had received a suspension of 4 days at the Westport Trotting Clubs meeting on 26 December, a few days’ prior, which would take effect from the conclusion of today’s racing at Reefton up to and including 15 January 2017. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a second breach of this rule within 6 months and submitted that after taking all aggravating and mitigating factors into consideration, as well as the fact that Mr Markham drives on average 1 or 2 times a meeting, a 5-day suspension be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee considered the JCA Penalty Guide recommendation of a 3 to 5-day suspension for a second breach of this rule within a 6-month period. To ensure a meaningful penalty is imposed, the Committee adopted a 5-day starting point for this case due to the low number of drives Mr Markham normally has. The aggravating factor in this case was that this was the second breach by Mr Markham in a matter of days. We determined that this aggravating factor commanded an uplift of 1 day to 6 days. We were however, able to afford Mr Markham a discount of 1 day for his admission of the breach. We therefore determined that an appropriate penalty in this case was a 5-day suspension.
penalty:
Accordingly, Mr Markham’s Horseman’s license is suspended from the conclusion of racing on 15 January 2017 up to and including 29 January 2017. Meetings encompassed in this period are Timaru on 18 January, Blenheim on 20 and 22 January, Addington on 27 January and Banks Peninsula on 29 January 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr C Markham-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 647da994154ea6096e74efc7ea968c1f
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: ccf52b769082c8f29d81203432d935e0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2016
meet_title: Reefton TC - 30 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC