Winton HRC 23 April 2021 – R 11 – Chair, Mr N Skelt
ID: JCA13947
Meet Title:
Winton HRC - 23 April 2021
Meet Chair:
NSkelt
Race Date:
2021/04/23
Race Number:
R 11
Decision:
Mr Newman admitted the charge and it was found proved.
Penalty:
Mr Newman’s request for a deferment of penalty was approved.
Mr K Newman is suspended from the conclusion of racing on the 30 April 2021 up to including the 2 May 2021 (2 days), these being Ashburton 1 May and Invercargill Diamonds Day 2 May 2021.
Facts:
Following the running of Race 11, the Southern Model Aero Club Mobile 2400m, Information A13958 was lodged by Stipendiary Steward, Miss R Haley alleging that Junior Driver, Mr K Newman (WITH GRACE) used his whip in an unapproved manner by using more than a flicking motion in the home straight.
Mr Newman admitted the breach, was present at the hearing and confirmed he understood the Rule.
Mr Newman was supported by Senior Driver, Mr M Williamson at the hearing.
The Rule reads 869(2)
No driver shall during any race use a whip in a manner in contravention of the use of the whip regulations made by the Board.
The Whip and Rein Regulations provide as follows ,
3.1.-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
4.5.-A driver must drive throughout the race with a hand on each rein.
4.7.-A driver may not cross the reins except
4.7.3-When activating gear
4.7.4-For safety reasons
Miss Haley asked Stipendiary Steward, Mr S Renault to proceed. Mr Renault used the video clips to highlight the alleged incident which he highlighted occurring from the top of the straight to the winning post.
Mr Renault stated that Mr Newman had flicked his whip continuously and, in his opinion, the alleged breach was at the high end.
Mr Newman agreed with Mr Renault’s summation of the incident.
Mr M Williamson in support of Mr Newman said that Mr Newman had had an unfortunate 20–30 seconds in the home straight and had simply made an error of judgement with his whip action.
Submissions for Penalty:
Miss Haley said Mr Newman has had 350 lifetime drives , 30 last season and 177 this season.
He had no previous breaches of The Whip and Rein Regulations and had an excellent driving record.
Miss Haley confirmed that Mr Newman had between 2-4 drives on most racedays and drove throughout the South Island.
The JCA Penalty Guide recommends a penalty of 3–5 day suspension for a breach under this Rule.
Miss Haley stated the aggravating factor in the incident was the continual use of the whip and reins from the top of the straight to the winning post and the breach was at the higher end.
The mitigating factors being Mr Newman’s admittance of the breach and his excellent driving record .
Mr K Newman in his submission on penalty requested a deferment of any suspension as he was engaged to drive several of his employer’s horses (R & J Dunn) at the New Zealand Metropolitan Trotting Club on Friday 30th April 2021.
Reasons for Penalty:
After considering submissions the Committee took into account Mr Newman’s driving record, and his admittance of the breach. The aggravating factor being the video evidence in this incident was compelling, as Mr Newman has been continuous in his action from the top of the straight to the winning post.
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: 8392031dffe6a63d9a15aa3d026208af
informantnumber: A13958
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 25/04/2021
hearing_title: Winton HRC 23 April 2021 - R 11 - Chair, Mr N Skelt
charge:
facts:
Following the running of Race 11, the Southern Model Aero Club Mobile 2400m, Information A13958 was lodged by Stipendiary Steward, Miss R Haley alleging that Junior Driver, Mr K Newman (WITH GRACE) used his whip in an unapproved manner by using more than a flicking motion in the home straight.
Mr Newman admitted the breach, was present at the hearing and confirmed he understood the Rule.
Mr Newman was supported by Senior Driver, Mr M Williamson at the hearing.
The Rule reads 869(2)
No driver shall during any race use a whip in a manner in contravention of the use of the whip regulations made by the Board.
The Whip and Rein Regulations provide as follows ,
3.1.-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
4.5.-A driver must drive throughout the race with a hand on each rein.
4.7.-A driver may not cross the reins except
4.7.3-When activating gear
4.7.4-For safety reasons
Miss Haley asked Stipendiary Steward, Mr S Renault to proceed. Mr Renault used the video clips to highlight the alleged incident which he highlighted occurring from the top of the straight to the winning post.
Mr Renault stated that Mr Newman had flicked his whip continuously and, in his opinion, the alleged breach was at the high end.
Mr Newman agreed with Mr Renault’s summation of the incident.
Mr M Williamson in support of Mr Newman said that Mr Newman had had an unfortunate 20–30 seconds in the home straight and had simply made an error of judgement with his whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Newman admitted the charge and it was found proved.
sumissionsforpenalty:
Miss Haley said Mr Newman has had 350 lifetime drives , 30 last season and 177 this season.
He had no previous breaches of The Whip and Rein Regulations and had an excellent driving record.
Miss Haley confirmed that Mr Newman had between 2-4 drives on most racedays and drove throughout the South Island.
The JCA Penalty Guide recommends a penalty of 3–5 day suspension for a breach under this Rule.
Miss Haley stated the aggravating factor in the incident was the continual use of the whip and reins from the top of the straight to the winning post and the breach was at the higher end.
The mitigating factors being Mr Newman’s admittance of the breach and his excellent driving record .
Mr K Newman in his submission on penalty requested a deferment of any suspension as he was engaged to drive several of his employer’s horses (R & J Dunn) at the New Zealand Metropolitan Trotting Club on Friday 30th April 2021.
reasonsforpenalty:
After considering submissions the Committee took into account Mr Newman’s driving record, and his admittance of the breach. The aggravating factor being the video evidence in this incident was compelling, as Mr Newman has been continuous in his action from the top of the straight to the winning post.
penalty:
Mr Newman’s request for a deferment of penalty was approved.
Mr K Newman is suspended from the conclusion of racing on the 30 April 2021 up to including the 2 May 2021 (2 days), these being Ashburton 1 May and Invercargill Diamonds Day 2 May 2021.
hearing_type: Hearing
Rules: 869(2)Whip and Rein Regulations
Informant: Miss R Haley - Stipendiary Steward
JockeysandTrainer: Mr K Newman - Junior Driver
Otherperson: Mr M WIlliamson - Senior Driver assisting Mr Newman, Mr S Renault - Stipendiary Steward, Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a828fa0b2e25bb012a65a300aef7f0fd
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
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meetdate: 23/04/2021
meet_title: Winton HRC - 23 April 2021
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meet_racingtype: harness-racing
meet_chair: NSkelt
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name: Winton HRC