Nelson HRC 9 June 2017 – R 1 – Chair, Mr T Utikere
ID: JCA14528
Meet Title:
Nelson HRC - 9 June 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2017/06/09
Race Number:
R1
Decision:
As the charge was admitted, the Committee found the charge proved.
Penalty:
Mr Jones is fined $300.
Facts:
Following the running of Race 1 (TIM TRATHEN/RODGER AUSTIN FARRIERS TROT 2400m), Junior Driver, C Jones was charged with a breach of Rule 869(2)(a). The Information stated: "Mr Jones used his whip in an excessive manner over the concluding 400 metres."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
At the commencement of the hearing, the committee was advised that Mr Jones had declined the assistance of a Senior Horseman. Mr Jones also confirmed that he understood the rule and that he admitted the breach.
Mr Quirk assisted the Committee by identifying MR FAHRENHEIT (C Jones) as the lead horse at the top of the home straight on the available films.
Mr Wallis used the head-on and side-on films to demonstrate, in a synchronised fashion, that Mr Jones had put both hands in one rein to utilise his whip in a freehand motion. He was then observed to execute 13 strikes in total, including backhanders, over the final 400 metres.
Mr Jones had no additional comments on the films, except to say that he was simply very excited at that stage of the race.
Submissions for Penalty:
Mr Wallis identified that while Mr Jones had only 7 lifetime drives in New Zealand, he was a busy driver having had 59 drives in Australia during the current season, 215 drives last season and 148 drives in the season prior to that. This was in effect, Mr Jones' first Raceday drive back in New Zealand, but Mr Wallis stated that Stipendiary Stewards had clarified the Whip Guidelines with Mr Jones prior to Race 1; so that he was fully aware of any change in expectations. Mr Wallis submitted that Mr Jones should be given credit for his good record and his admission of the breach. In identifying the JCA Penalty Guidelines starting point of $500, he submitted a $300 fine as appropriate.
Mr Jones had no submissions on penalty.
Reasons for Penalty:
The Committee considered all of the submissions placed before it and determined that it was appropriate to adopt the JCA Penalty Guideline starting point of a $500 fine on this occasion. The Committee found the synchronised demonstration of the breach on the available films very helpful indeed. While this was Mr Jones' first drive in New Zealand for some time, it was also clear that he has had a number of Raceday drives across the Tasman, and as such he has a reasonable level of experience in Raceday matters. The Committee also notes that the Stipendiary Stewards also took the time to describe the new Whip Guidelines to him in anticipation of the fact that this was his first drive in New Zealand for some time. The Committee also applied Mr Jones' good record and early admission of the breach in mitigation.
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: 8e9324689739b0dd30c769011be1c727
informantnumber: A09554
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/06/2017
hearing_title: Nelson HRC 9 June 2017 - R 1 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (TIM TRATHEN/RODGER AUSTIN FARRIERS TROT 2400m), Junior Driver, C Jones was charged with a breach of Rule 869(2)(a). The Information stated: "Mr Jones used his whip in an excessive manner over the concluding 400 metres."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
At the commencement of the hearing, the committee was advised that Mr Jones had declined the assistance of a Senior Horseman. Mr Jones also confirmed that he understood the rule and that he admitted the breach.
Mr Quirk assisted the Committee by identifying MR FAHRENHEIT (C Jones) as the lead horse at the top of the home straight on the available films.
Mr Wallis used the head-on and side-on films to demonstrate, in a synchronised fashion, that Mr Jones had put both hands in one rein to utilise his whip in a freehand motion. He was then observed to execute 13 strikes in total, including backhanders, over the final 400 metres.
Mr Jones had no additional comments on the films, except to say that he was simply very excited at that stage of the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee found the charge proved.
sumissionsforpenalty:
Mr Wallis identified that while Mr Jones had only 7 lifetime drives in New Zealand, he was a busy driver having had 59 drives in Australia during the current season, 215 drives last season and 148 drives in the season prior to that. This was in effect, Mr Jones' first Raceday drive back in New Zealand, but Mr Wallis stated that Stipendiary Stewards had clarified the Whip Guidelines with Mr Jones prior to Race 1; so that he was fully aware of any change in expectations. Mr Wallis submitted that Mr Jones should be given credit for his good record and his admission of the breach. In identifying the JCA Penalty Guidelines starting point of $500, he submitted a $300 fine as appropriate.
Mr Jones had no submissions on penalty.
reasonsforpenalty:
The Committee considered all of the submissions placed before it and determined that it was appropriate to adopt the JCA Penalty Guideline starting point of a $500 fine on this occasion. The Committee found the synchronised demonstration of the breach on the available films very helpful indeed. While this was Mr Jones' first drive in New Zealand for some time, it was also clear that he has had a number of Raceday drives across the Tasman, and as such he has a reasonable level of experience in Raceday matters. The Committee also notes that the Stipendiary Stewards also took the time to describe the new Whip Guidelines to him in anticipation of the fact that this was his first drive in New Zealand for some time. The Committee also applied Mr Jones' good record and early admission of the breach in mitigation.
penalty:
Mr Jones is fined $300.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr C Jones - Junior Driver
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b3a44f461ba7e890e105b57739e5951f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 688f531b88820f72d710564f40dbf939
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/06/2017
meet_title: Nelson HRC - 9 June 2017
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