Winton HRC 12 May 2018 – R 5 – Chair, Prof G Hall
ID: JCA14411
Meet Title:
Winton HRC - 12 May 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/05/12
Race Number:
R 5
Decision:
Mr Hunter has admitted the breach and we find the breach proved.
Penalty:
Mr Hunter is fined the sum of $200.
Facts:
Following the running of Race 5, the Marshall Industries/Southland Farm Machinery Mobile Pace, an Information was filed by Stipendiary Steward, Mr Wallis, against Licensed Open Driver, Mr P Hunter, alleging that Mr Hunter, the driver of ANSETT FLIGHT, “used his whip on more occasions than permitted in cl (b) of the use of the whip regulations.”
Mr Hunter signed the Statement by the Respondent on the Information indicating that he admitted the breach and did not wish to be present at the hearing.
Rule 869 provides as follows:
(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.
The Use of the Whip Regulations provide:
(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 Munro, Stipendiary Steward, demonstrated on the race films that the respondent used his whip 11 times in the home straight. ANSETT FLIGHT finished sixth.
Mr Hunter did not wish to view the videos and told the Stipendiary Stewards that he accepted their count.
The Committee confirms that Mr Hunter has used his whip 11 times inside the final 400 metres. There was one brief pause.
Submissions for Penalty:
Mr Hunter is a reasonably busy driver based in Southland. In the current season, to date, he has driven in 92 races. Last season he had 107 drives.
Mr Wallis said Mr Hunter had a clear record in the last 12 months with regard to this rule.
The penalty prescribed for excessive use of the whip under the regulations for a first offence in the range of 11-13 strikes is a fine of $200. Mr Wallis said stewards believed this was an appropriate penalty, given the sliding scale of penalties and in the interests of consistency.
Reasons for Penalty:
This is Mr Hunter’s first breach of this rule since the Use of the Whip Regulations came into force on 30 November 2017. He has a clear record under this rule.
The penalty is determined by a sliding scale. Where the number of strikes is between 11 and 13, and it is a first offence, the penalty is $200. The count for Mr Hunter is 11. The breach is low-range.
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: 7f42eb4890da391cfaa1db728a6da67c
informantnumber: A10502
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Use of the Whip contrary to the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 15/05/2018
hearing_title: Winton HRC 12 May 2018 - R 5 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 5, the Marshall Industries/Southland Farm Machinery Mobile Pace, an Information was filed by Stipendiary Steward, Mr Wallis, against Licensed Open Driver, Mr P Hunter, alleging that Mr Hunter, the driver of ANSETT FLIGHT, “used his whip on more occasions than permitted in cl (b) of the use of the whip regulations.”
Mr Hunter signed the Statement by the Respondent on the Information indicating that he admitted the breach and did not wish to be present at the hearing.
Rule 869 provides as follows:
(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.
The Use of the Whip Regulations provide:
(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 Munro, Stipendiary Steward, demonstrated on the race films that the respondent used his whip 11 times in the home straight. ANSETT FLIGHT finished sixth.
Mr Hunter did not wish to view the videos and told the Stipendiary Stewards that he accepted their count.
The Committee confirms that Mr Hunter has used his whip 11 times inside the final 400 metres. There was one brief pause.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hunter has admitted the breach and we find the breach proved.
sumissionsforpenalty:
Mr Hunter is a reasonably busy driver based in Southland. In the current season, to date, he has driven in 92 races. Last season he had 107 drives.
Mr Wallis said Mr Hunter had a clear record in the last 12 months with regard to this rule.
The penalty prescribed for excessive use of the whip under the regulations for a first offence in the range of 11-13 strikes is a fine of $200. Mr Wallis said stewards believed this was an appropriate penalty, given the sliding scale of penalties and in the interests of consistency.
reasonsforpenalty:
This is Mr Hunter’s first breach of this rule since the Use of the Whip Regulations came into force on 30 November 2017. He has a clear record under this rule.
The penalty is determined by a sliding scale. Where the number of strikes is between 11 and 13, and it is a first offence, the penalty is $200. The count for Mr Hunter is 11. The breach is low-range.
penalty:
Mr Hunter is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr P Hunter - Licensed Open Driver
Otherperson: Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 99f8f6eac869debaff94eff868f1ef57
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 719f8daba8fa40d789e27b1854c0394a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2018
meet_title: Winton HRC - 12 May 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Winton HRC