Rangiora HRC 1 April 2012 – R 1
ID: JCA15181
Meet Title:
Rangiora HRC - 1 April 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/04/01
Race Number:
R1
Decision:
Mr James having admitted the breach, the charge was found proved.
Penalty:
Mr James was fined the sum of $200.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 1, Rangiora Businesses Handicap Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr K A James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner”.
Mr James was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Wallis showed a video replay of the race as the field entered the home straight. He pointed out Mr James, driving EARL HARBOUR, racing outside the leader, BRITE BROOK. He said that the Stewards were alleging that Mr James had struck his horse on no less than 20 or 21 occasions. He said that Mr James had accepted that number. The strikes were not made with malice or with any great force. However, the number of strikes was “up there” and the final few strikes got the total number of strikes up over 20, Mr Wallis said.
Mr James said that the horse was unmarked and the excessive use was only over the concluding stages. In addition, there was only a head in the placings, he said (the official margin between 3rd and 4th was a head). The horse was a lazy horse and, had he not kept the horse up to it, it would not have run 3rd, he said. With regard to the previous breach, Mr James said that of the 34 times he used the whip on that occasion, some 20 of those were on the shaft or dust sheet.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr James had been fined $250 on 11 November 2011 for excessive use of the whip (34 times) on the same horse. He said that this was not a bad case but, unfortunately for Mr James, the number of strikes had got up over the threshold of 20. In view of that, and Mr James’ admission of the breach, Mr Wallis submitted that a fine of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr James’ admission of the breach. An aggravating factor was the previous breach less than 5 months ago. However, against that, this breach was, in the view of the Committee, very much at the lower end of the scale of seriousness, having regard to the number of strikes and the minimal amount of force used. It has to be said that it was not a bad case of excessive use of the whip.
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: 730f4f4d6f29951020aa9e8f127db3b1
informantnumber: A5612
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2012
hearing_title: Rangiora HRC 1 April 2012 - R 1
charge:
Excessive use of the whip.
facts:
Following the running of Race 1, Rangiora Businesses Handicap Trot, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr K A James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner”.
Mr James was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed a video replay of the race as the field entered the home straight. He pointed out Mr James, driving EARL HARBOUR, racing outside the leader, BRITE BROOK. He said that the Stewards were alleging that Mr James had struck his horse on no less than 20 or 21 occasions. He said that Mr James had accepted that number. The strikes were not made with malice or with any great force. However, the number of strikes was “up there” and the final few strikes got the total number of strikes up over 20, Mr Wallis said.
Mr James said that the horse was unmarked and the excessive use was only over the concluding stages. In addition, there was only a head in the placings, he said (the official margin between 3rd and 4th was a head). The horse was a lazy horse and, had he not kept the horse up to it, it would not have run 3rd, he said. With regard to the previous breach, Mr James said that of the 34 times he used the whip on that occasion, some 20 of those were on the shaft or dust sheet.
reasonsfordecision:
Decision:
Mr James having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr James had been fined $250 on 11 November 2011 for excessive use of the whip (34 times) on the same horse. He said that this was not a bad case but, unfortunately for Mr James, the number of strikes had got up over the threshold of 20. In view of that, and Mr James’ admission of the breach, Mr Wallis submitted that a fine of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr James’ admission of the breach. An aggravating factor was the previous breach less than 5 months ago. However, against that, this breach was, in the view of the Committee, very much at the lower end of the scale of seriousness, having regard to the number of strikes and the minimal amount of force used. It has to be said that it was not a bad case of excessive use of the whip.
penalty:
Mr James was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: K M James, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cf5470e989a6b1b29ab41a4845b2c8af
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: e79b209041f6664fb08a2922dcbb2eb0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/04/2012
meet_title: Rangiora HRC - 1 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC