Oamaru HRC 30 July 2017 (heard 6 August 2017) – R 7 – Chair, Prof G Hall
ID: JCA14847
Meet Title:
Oamaru HRC - 30 July 2017
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2017/07/30
Race Number:
R7
Decision:
Mr Campbell admitted the charge. The charge is proved.
Penalty:
Mr Campbell is suspended from the conclusion of racing today until the conclusion of racing on 3 September 2017.
This is 3 days:
Oamaru – 20 August
Gore — 27 August
Forbury Park - 3 September
Facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Campbell used his whip in an excessive manner over the final stages of race 7, the Morrisons Saddlery & Feed Jr Drivers Hcp Trot.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Wallis showed the head-on and side-on videos of the concluding stages of the race. He pointed out Mr Campbell, driving DREAM BIG, hit his horse 11 times with the whip without the reins. This was inside the final 400 metres of the race.
Mr Campbell confirmed that he had hit the horse 11 times. It was a close finish and he was being swamped late. He said he had obtained a run to the inside and there were some pauses in his action. He said he had been trying to keep within the 10, and had only just gone over.
Mr Wallis accepted there were some pauses in the respondent’s whip action but emphasised the last 2 strikes were not necessary.
Submissions for Penalty:
Mr Wallis produced Mr Campbell’s record. This record evidenced a similar charge in December last year at Forbury Park where Mr Campbell was fined $250. That had been his first breach of any rule. He had 35 drives last season and 36 the season before.
Mr Wallis stated that although this was Mr Campbell’s second breach of the rule since the guidelines were promulgated, the earlier breach was over 6 months ago and thus the reset period applied. The starting point under the guidelines was a fine of $500 or a 3-day suspension. He submitted a 3-day suspension was appropriate.
Mr Campbell accepted that was the starting point in the Penalty Guide.
Reasons for Penalty:
The starting point is 3 days having regard to the fact this is the respondent’s second breach in 8 months and that the number of strikes is towards the lower end of the scale. The Committee also gives credit for Mr Campbell’s early admission of the breach and his co-operation in this matter.
We have had regard to the infrequency with which Mr Campbell drives and believe a 3-day suspension, which we roughly equate to a fine of $300 is appropriate.
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: 83a46abcefff4bd89093b75e57097deb
informantnumber: A9568
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/08/2017
hearing_title: Oamaru HRC 30 July 2017 (heard 6 August 2017) - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Campbell used his whip in an excessive manner over the final stages of race 7, the Morrisons Saddlery & Feed Jr Drivers Hcp Trot.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Wallis showed the head-on and side-on videos of the concluding stages of the race. He pointed out Mr Campbell, driving DREAM BIG, hit his horse 11 times with the whip without the reins. This was inside the final 400 metres of the race.
Mr Campbell confirmed that he had hit the horse 11 times. It was a close finish and he was being swamped late. He said he had obtained a run to the inside and there were some pauses in his action. He said he had been trying to keep within the 10, and had only just gone over.
Mr Wallis accepted there were some pauses in the respondent’s whip action but emphasised the last 2 strikes were not necessary.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Campbell admitted the charge. The charge is proved.
sumissionsforpenalty:
Mr Wallis produced Mr Campbell’s record. This record evidenced a similar charge in December last year at Forbury Park where Mr Campbell was fined $250. That had been his first breach of any rule. He had 35 drives last season and 36 the season before.
Mr Wallis stated that although this was Mr Campbell’s second breach of the rule since the guidelines were promulgated, the earlier breach was over 6 months ago and thus the reset period applied. The starting point under the guidelines was a fine of $500 or a 3-day suspension. He submitted a 3-day suspension was appropriate.
Mr Campbell accepted that was the starting point in the Penalty Guide.
reasonsforpenalty:
The starting point is 3 days having regard to the fact this is the respondent’s second breach in 8 months and that the number of strikes is towards the lower end of the scale. The Committee also gives credit for Mr Campbell’s early admission of the breach and his co-operation in this matter.
We have had regard to the infrequency with which Mr Campbell drives and believe a 3-day suspension, which we roughly equate to a fine of $300 is appropriate.
penalty:
Mr Campbell is suspended from the conclusion of racing today until the conclusion of racing on 3 September 2017.
This is 3 days:
Oamaru – 20 August
Gore — 27 August
Forbury Park - 3 September
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr J Campbell - Junior Horseman
Otherperson: Mr J Cox - Open Horseman assisting Mr Campbell
PersonPresent:
Respondent:
StipendSteward:
raceid: 58d3be04acda0be5323328e5c29e1084
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7aba939c33091152bd670f0e5b7ecc0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/07/2017
meet_title: Oamaru HRC - 30 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Oamaru HRC