Archive Decision

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Wyndham HRC 7 January 2017 – R 3 – Chair, Prof G Hall

ID: JCA14619

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr J Kennett - Junior Horseman

Other Person:
Mr C Thornley - Open Horseman assisting Mr Kennett, Mr R Quirk - Stipendiary Steward

Information Number:
A8569

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wyndham HRC - 7 January 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/01/07

Race Number:
R 3

Decision:

Mr Kennett has admitted the breach. We thus find the breach proved.

Penalty:

We thus reach a penalty at the starting point of 2 days’ suspension. The days must be genuine days and Mr Kennett has assisted us in this regard. We impose a suspension from the end of racing tomorrow up to and including 18 January. This is Oamaru 11 January and Timaru 18 January.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kennett (VENETO) used his whip excessively in the final 400 metres of race 3.

Mr Quirk, Stipendiary Steward, demonstrated on the videos that the respondent had used his whip 12 times free of the reins in the final 400 metres. Two or three of the strikes were to the shaft of the sulky. The strikes commenced at the 250 mark and the last was inside the final 100 metres.

Mr Thornley stated that Mr Kennett had displayed good horsemanship by not hitting the horse after he realised the horse, which had tried hard since the top of the straight, had come to the end of it.

Mr Kennett emphasised it was a tight finish with close margins and he had been getting the best from his horse when fighting for fourth placing. He had finished fifth. Mr Kennett accepted there were 12 strikes after the 400 metres and said he was aware of the rule and had thought he was under the acceptable number.

Submissions for Penalty:

Mr Tidmarsh produced the respondent’s record which was 11 drives this season and 40 the last. He said Mr Kennett had a previous breach on 20 November but as it was before the new Guidelines came into effect, it should be treated as a first breach.

Mr Kennett submitted that the breach was low end. He asked for a suspension rather than a fine.

Reasons for Penalty:

We take the starting point of 2 days’ suspension as provided in the JCA Penalty Guide. The breach is at the lower end and Mr Kennett has a previous breach. Although we do not treat him as a first offender, we take the lower starting point and see no reason to increase this as it is balanced by his admission of the breach.

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: 9b0684dacea091a0d55bb37020c53643


informantnumber: A8569


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/01/2017


hearing_title: Wyndham HRC 7 January 2017 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kennett (VENETO) used his whip excessively in the final 400 metres of race 3.

Mr Quirk, Stipendiary Steward, demonstrated on the videos that the respondent had used his whip 12 times free of the reins in the final 400 metres. Two or three of the strikes were to the shaft of the sulky. The strikes commenced at the 250 mark and the last was inside the final 100 metres.

Mr Thornley stated that Mr Kennett had displayed good horsemanship by not hitting the horse after he realised the horse, which had tried hard since the top of the straight, had come to the end of it.

Mr Kennett emphasised it was a tight finish with close margins and he had been getting the best from his horse when fighting for fourth placing. He had finished fifth. Mr Kennett accepted there were 12 strikes after the 400 metres and said he was aware of the rule and had thought he was under the acceptable number.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Kennett has admitted the breach. We thus find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh produced the respondent’s record which was 11 drives this season and 40 the last. He said Mr Kennett had a previous breach on 20 November but as it was before the new Guidelines came into effect, it should be treated as a first breach.

Mr Kennett submitted that the breach was low end. He asked for a suspension rather than a fine.


reasonsforpenalty:

We take the starting point of 2 days’ suspension as provided in the JCA Penalty Guide. The breach is at the lower end and Mr Kennett has a previous breach. Although we do not treat him as a first offender, we take the lower starting point and see no reason to increase this as it is balanced by his admission of the breach.


penalty:

We thus reach a penalty at the starting point of 2 days’ suspension. The days must be genuine days and Mr Kennett has assisted us in this regard. We impose a suspension from the end of racing tomorrow up to and including 18 January. This is Oamaru 11 January and Timaru 18 January.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr J Kennett - Junior Horseman


Otherperson: Mr C Thornley - Open Horseman assisting Mr Kennett, Mr R Quirk - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5319627653bceff73445514783d6248a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 95c92f41b8e3a1a7423c11f294405521


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/01/2017


meet_title: Wyndham HRC - 7 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Wyndham HRC