Oamaru HRC 21 May 2017 – R 5 – Chair, Mr P Knowles
ID: JCA14692
Meet Title:
Oamaru HRC - 21 May 2017
Meet Chair:
PKnowles
Meet Committee Member 1:
DAnderson
Race Date:
2017/05/21
Race Number:
R1
Decision:
After viewing the videos the committee is satisfied that Mr Markham has breached the guidelines and thereby the Rule. The charge is found proved.
Penalty:
Mr Markham is fined $300.
Facts:
Mr Markham was charged with a breach of 869(2)(a), excessive use of the whip, following his drive on 'Midfrew Tarpediem' in race 5, the Fat Sally’s Pub & Restaurant Pace. The Information alleged Mr Markham “used his whip in an excessive manner inside the final 400m when driving 'Midfrew Tarpediem'”.
Rule 869 (2) reads: No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Whip Guidelines read:
Stewards deem the “use of the whip” throughout the race as listed below:
Free of the rein
On the horse itself
On the sulky or dust sheet
Back handers
Excessive use of the whip simply means “too much” and relates to the number of times and/or force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
At no stage of a race will Stewards permit continuous use of the whip, Horseman must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested alternative actions:
Running the reins over the horse’s rump
Running the whip through the horse’s tail
Holding the ship on the horse’s tail or rump
A rein in each hand while using the whip – not continuous
Mr Markham admitted the breach. He did not attend the hearing but left verbal submissions with the Stewards.
Mr Wadley, with the aid of the video replays, showed that Mr Markham was trailing three back on the pole line before challenging in the final straight. He was observed to use his whip on 13 occasions free of the reign.
Mr Ydgren stated that Mr Markham’s use of the whip was outside the guidelines and deemed to be excessive. He said Mr Markham had admitted the charge on viewing the videos and agreed with the Stewards submissions.
Submissions for Penalty:
Mr Ydgren submitted that Mr Markham was a Junior Horseman, had a clear penalty record and that this was his first offence under this rule. He was not a busy driver and had admitted the breach at the first opportunity. He viewed the breach at the low to mid-range.
The JCA Penalty guidelines recommended a fine of $500 but given Mr Markham’s excellent record he was seeking a fine of $300.
Reasons for Penalty:
Taking into account Mr Markham’s excellent record, his early admission of the breach and the use of the whip at the low end of the scale, a fine is appropriate. Mr Markham is given credit for his excellent record and 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: 7147ba038c04b231284d85cd62fe8d46
informantnumber: A8976
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2017
hearing_title: Oamaru HRC 21 May 2017 - R 5 - Chair, Mr P Knowles
charge:
facts:
Mr Markham was charged with a breach of 869(2)(a), excessive use of the whip, following his drive on 'Midfrew Tarpediem' in race 5, the Fat Sally’s Pub & Restaurant Pace. The Information alleged Mr Markham “used his whip in an excessive manner inside the final 400m when driving 'Midfrew Tarpediem'”.
Rule 869 (2) reads: No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Whip Guidelines read:
Stewards deem the “use of the whip” throughout the race as listed below:
Free of the rein
On the horse itself
On the sulky or dust sheet
Back handers
Excessive use of the whip simply means “too much” and relates to the number of times and/or force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
At no stage of a race will Stewards permit continuous use of the whip, Horseman must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested alternative actions:
Running the reins over the horse’s rump
Running the whip through the horse’s tail
Holding the ship on the horse’s tail or rump
A rein in each hand while using the whip – not continuous
Mr Markham admitted the breach. He did not attend the hearing but left verbal submissions with the Stewards.
Mr Wadley, with the aid of the video replays, showed that Mr Markham was trailing three back on the pole line before challenging in the final straight. He was observed to use his whip on 13 occasions free of the reign.
Mr Ydgren stated that Mr Markham’s use of the whip was outside the guidelines and deemed to be excessive. He said Mr Markham had admitted the charge on viewing the videos and agreed with the Stewards submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
After viewing the videos the committee is satisfied that Mr Markham has breached the guidelines and thereby the Rule. The charge is found proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Markham was a Junior Horseman, had a clear penalty record and that this was his first offence under this rule. He was not a busy driver and had admitted the breach at the first opportunity. He viewed the breach at the low to mid-range.
The JCA Penalty guidelines recommended a fine of $500 but given Mr Markham’s excellent record he was seeking a fine of $300.
reasonsforpenalty:
Taking into account Mr Markham’s excellent record, his early admission of the breach and the use of the whip at the low end of the scale, a fine is appropriate. Mr Markham is given credit for his excellent record and admission of the breach.
penalty:
Mr Markham is fined $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr J Markham - Junior Horseman
Otherperson: Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fc2d2ade5c728eb5c0a368b26ad36b85
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: 2159f49c26ef4c06cec8b859dd71e953
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/05/2017
meet_title: Oamaru HRC - 21 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: DAnderson
meet_pm2: none
name: Oamaru HRC