Kurow TC 19 August 2018 – R 9 – Chair, Prof G Hall
ID: JCA14793
Meet Title:
Kurow TC - 19 August 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/08/19
Race Number:
R 9
Decision:
As Mr Smith has admitted the breach, it is found to be proved.
Penalty:
Mr Smith is suspended from the end of the meeting at Addington on 23 August up to and including 9 September. This is 3 Canterbury days.
Facts:
Mr Renault, Stipendiary Steward, alleged that Mr Smith used his whip excessively prior to the final 400 metres within cl (f) of the Use of the Whip Regulations in race 9 the AIRPARK CANTERBURY TROT.
Clause (f) of the Use of the Whip Regulations provides: “The whip must not be used excessively prior to the final 400 metres.”
Mr Renault demonstrated on the videos that the respondent used his whip 13 times before the 400 metres. He was originally racing 3 back on the inside but had moved to the parked position inside the 700 metres. These strikes were from the 700 to the 400 metres. He stated Mr Smith also used his whip 8 times in the last 400 metres. He added that to some extent Mr Smith was unlucky in that because he was driving the favourite the close up camera had focussed on him and the strikes were plain to see.
Mr Smith agreed it was not a good look and said that the first strike was just a flick of the wrist. After discussion, Mr Renault agreed that the count should be altered to 12 strikes. The respondent stated he was not aware there was a prohibition on the number of strikes before the 400 metres. He said this was the horse’s second start and it was gawking, looking around after he shifted out, and that was why he used the whip. The horse was green and was wearing full blinds. He said the horse had finished 4th and once he was aware the horse was giving its best he had been kind to it in the straight.
Submissions for Penalty:
Mr Renault produced the respondent’s record, which he described as “poor”. Mr Smith had 400 drives last season, and has had 12 this season. Mr Smith had a breach of cl (b) of this rule on 29 June last at Addington when he was suspended for 3 days and on 3 June he was fined $200 at Ashburton. He has had 59 drives since that first breach and 32 since the second.
Mr Smith had stated he wished to take a 7-day deferment of the suspension. Mr Renault had no objection to this.
Reasons for Penalty:
The count for Mr Smith is 12. There is general agreement that this is the number. Whilst this breach is under a different clause of the Use of the Whip Regulations to that under which Mr Smith has been previously charged, we treat the breach as a second or subsequent one for the purpose of penalty.
The Penalty Guide provides a starting point of a 3 to 5 day suspension where the breach is a second or subsequent one within a six month/ 200 drive reset period. We do not adjust the 3-day starting point on this occasion. The repeated nature of the breach is factored into the increased starting point. It is a misjudgement by Mr Smith who was unaware there was a restriction before the 400 metres. Mr Smith is aware of course that there is an obligation upon him to be fully aware of the Rules.
JCA Decision Fields (raw)
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hearingid: 7cee819da7d8833c6e904e3a6db75f4e
informantnumber: A10534
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 21/08/2018
hearing_title: Kurow TC 19 August 2018 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Renault, Stipendiary Steward, alleged that Mr Smith used his whip excessively prior to the final 400 metres within cl (f) of the Use of the Whip Regulations in race 9 the AIRPARK CANTERBURY TROT.
Clause (f) of the Use of the Whip Regulations provides: “The whip must not be used excessively prior to the final 400 metres.”
Mr Renault demonstrated on the videos that the respondent used his whip 13 times before the 400 metres. He was originally racing 3 back on the inside but had moved to the parked position inside the 700 metres. These strikes were from the 700 to the 400 metres. He stated Mr Smith also used his whip 8 times in the last 400 metres. He added that to some extent Mr Smith was unlucky in that because he was driving the favourite the close up camera had focussed on him and the strikes were plain to see.
Mr Smith agreed it was not a good look and said that the first strike was just a flick of the wrist. After discussion, Mr Renault agreed that the count should be altered to 12 strikes. The respondent stated he was not aware there was a prohibition on the number of strikes before the 400 metres. He said this was the horse’s second start and it was gawking, looking around after he shifted out, and that was why he used the whip. The horse was green and was wearing full blinds. He said the horse had finished 4th and once he was aware the horse was giving its best he had been kind to it in the straight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Smith has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record, which he described as “poor”. Mr Smith had 400 drives last season, and has had 12 this season. Mr Smith had a breach of cl (b) of this rule on 29 June last at Addington when he was suspended for 3 days and on 3 June he was fined $200 at Ashburton. He has had 59 drives since that first breach and 32 since the second.
Mr Smith had stated he wished to take a 7-day deferment of the suspension. Mr Renault had no objection to this.
reasonsforpenalty:
The count for Mr Smith is 12. There is general agreement that this is the number. Whilst this breach is under a different clause of the Use of the Whip Regulations to that under which Mr Smith has been previously charged, we treat the breach as a second or subsequent one for the purpose of penalty.
The Penalty Guide provides a starting point of a 3 to 5 day suspension where the breach is a second or subsequent one within a six month/ 200 drive reset period. We do not adjust the 3-day starting point on this occasion. The repeated nature of the breach is factored into the increased starting point. It is a misjudgement by Mr Smith who was unaware there was a restriction before the 400 metres. Mr Smith is aware of course that there is an obligation upon him to be fully aware of the Rules.
penalty:
Mr Smith is suspended from the end of the meeting at Addington on 23 August up to and including 9 September. This is 3 Canterbury days.
hearing_type: Hearing
Rules: 869(2) and Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr G Smith - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4143214761d02fecb157383679bebad2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2f9110949164068d4d52aae25172e214
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/08/2018
meet_title: Kurow TC - 19 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kurow-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Kurow TC