Methven TC 17 September 2017 – R 7 – Chair, Mr S Ching
ID: JCA14054
Meet Title:
Methven TC - 17 September 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/09/17
Race Number:
R7
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:
Mr Payne is suspended from the conclusion of racing today 17 September up to and including 8 October 2017. Meetings encompassed in this period are Oamaru on 24 September, Addington on 29 September, Banks Peninsula on 1 October, Addington on 6 October and Timaru 8 October 2017.
Facts:
Following the running of Race 7, the Papanui Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr R Payne alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over 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.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Payne also confirmed he understood the rule he was being charged with.
Mr Renault gave evidence and used video coverage to show that Mr Payne, driving KARDESLER, when in the one-one position as the field turned for home, draw his whip inside the 200m and use it free of the rein on 11 occasions. Mr Renault stated that this was just outside the guideline limit of 10 strikes. Mr Renault submitted that in the Stewards opinion the strikes were mid-range in force.
Mr Payne stated that all but one of the strikes were on the shaft but conceded that this made no difference in regard to the rule and the guidelines.
Mr Renault agreed with Mr Payne that most of the strikes were not on the horse.
Submissions for Penalty:
In relation to penalty Mr Renault stated that Mr Payne had a previous breach on 17 April at Banks Peninsula where he was fined the sum of $400. Mr Renault said that Mr Payne’s driving statistics showed 2 drives to date this season including today and a total of 32 drives last season. Mr Renault stated that the JCA Penalty Guide stated a starting point of a 3-5-day suspension for a second breach of this rule within 6 months. He said that it was difficult to assess an appropriate penalty as Mr Payne did not drive on a regular basis. Mr Renault submitted that due to this factor a 5-day suspension be considered as penalty in this case.
Mr Payne stated that he now had 2 horses in work and will be driving more regularly in the upcoming months.
Deferment was discussed with Mr Payne who requested that any suspension begin immediately.
Reasons for Penalty:
The starting point of a 3-5-day suspension is recommended in the JCA Penalty Guidelines for a second breach of this Rule within 6 months. Due to the number of drives Mr Payne normally has or will have in the near future, which we believed would be 1-2 drives per meeting, this Committee have determined that the starting point of 3-5 days is not appropriate in this case. We therefore determined that 6 days was an appropriate starting point in regard to Mr Payne’s case. There were no aggravating factors to warrant an uplift in penalty but in mitigation, Mr Payne’s admission of the breach was applicable for a discount. This discount we set at 1 day. We therefore determined that a 5-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: 91fbb64c6d0e4bb3c8e8a35c8c3a2619
informantnumber: A09861
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2017
hearing_title: Methven TC 17 September 2017 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Papanui Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr R Payne alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over 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.”
Mr Payne had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Payne also confirmed he understood the rule he was being charged with.
Mr Renault gave evidence and used video coverage to show that Mr Payne, driving KARDESLER, when in the one-one position as the field turned for home, draw his whip inside the 200m and use it free of the rein on 11 occasions. Mr Renault stated that this was just outside the guideline limit of 10 strikes. Mr Renault submitted that in the Stewards opinion the strikes were mid-range in force.
Mr Payne stated that all but one of the strikes were on the shaft but conceded that this made no difference in regard to the rule and the guidelines.
Mr Renault agreed with Mr Payne that most of the strikes were not on the horse.
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:
In relation to penalty Mr Renault stated that Mr Payne had a previous breach on 17 April at Banks Peninsula where he was fined the sum of $400. Mr Renault said that Mr Payne’s driving statistics showed 2 drives to date this season including today and a total of 32 drives last season. Mr Renault stated that the JCA Penalty Guide stated a starting point of a 3-5-day suspension for a second breach of this rule within 6 months. He said that it was difficult to assess an appropriate penalty as Mr Payne did not drive on a regular basis. Mr Renault submitted that due to this factor a 5-day suspension be considered as penalty in this case.
Mr Payne stated that he now had 2 horses in work and will be driving more regularly in the upcoming months.
Deferment was discussed with Mr Payne who requested that any suspension begin immediately.
reasonsforpenalty:
The starting point of a 3-5-day suspension is recommended in the JCA Penalty Guidelines for a second breach of this Rule within 6 months. Due to the number of drives Mr Payne normally has or will have in the near future, which we believed would be 1-2 drives per meeting, this Committee have determined that the starting point of 3-5 days is not appropriate in this case. We therefore determined that 6 days was an appropriate starting point in regard to Mr Payne’s case. There were no aggravating factors to warrant an uplift in penalty but in mitigation, Mr Payne’s admission of the breach was applicable for a discount. This discount we set at 1 day. We therefore determined that a 5-day suspension was an appropriate penalty in this case.
penalty:
Mr Payne is suspended from the conclusion of racing today 17 September up to and including 8 October 2017. Meetings encompassed in this period are Oamaru on 24 September, Addington on 29 September, Banks Peninsula on 1 October, Addington on 6 October and Timaru 8 October 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Payne - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7753afcb633cd00c6b8ea72b34b79a8a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ffd65db6ff71f0cb08a3e07e78e27b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2017
meet_title: Methven TC - 17 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Methven TC