Marlborough HRC 21 January 2018 – R 3 – Chair, Mr D Anderson
ID: JCA15647
Meet Title:
Marlborough HRC - 21 January 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
PWilliams
Race Date:
2018/01/21
Race Number:
R3
Decision:
As Mr Holmes admitted the breach the charge was found proved.
Penalty:
Mr Holmes licence is suspended from the conclusion of racing today 21 January 2018 up to and including racing on 2 February 2018.
Meetings encompassed in this period are: Addington 26 January 2018
Motukarara 28 January 2018
Addington 2 February 2018
Facts:
Following the running of Race 3 the “Wine Works Marlborough Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr R Holmes. The Information stated that Driver R Holmes used his whip in an excessive manner inside the final 400 metres.
Mr Holmes signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Renault confirmed this at the hearing and that Mr Holmes understood the rule with which he was being charged.
Rule 869(2) (a) provides 'No horseman shall during any race 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 Renault used the race video, with the assistance of Mr McIntyre, to identify Mr Holmes driving (3) SKIPPERLAND, in the home straight close to the rail. He pointed to Mr Holmes drawing his whip and using it 12 times in the run to the finishing post.
The Committee agreed with the count of 12 strikes.
Submissions for Penalty:
Mr Renault said Mr Holmes had one previous breach of this rule on 1 October 2017 at Banks Peninsula where he was fined $300. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and that Mr Holmes was informed of this. He said Mr Holmes had asked if any suspension imposed on him be started immediately.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of the rule within a 6-month period.
On this occasion we make no alteration because the Committee believes there are no additional aggravating or mitigating factors to justify any change.
We therefore determined that a 3-day suspension is an appropriate penalty.
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: bf97207a160e3e9dcf49eb9e91510195
informantnumber: A09882
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Whip Use
plea: admitted
penaltyrequired: 1
decisiondate: 24/01/2018
hearing_title: Marlborough HRC 21 January 2018 - R 3 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 3 the “Wine Works Marlborough Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr R Holmes. The Information stated that Driver R Holmes used his whip in an excessive manner inside the final 400 metres.
Mr Holmes signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Renault confirmed this at the hearing and that Mr Holmes understood the rule with which he was being charged.
Rule 869(2) (a) provides 'No horseman shall during any race 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 Renault used the race video, with the assistance of Mr McIntyre, to identify Mr Holmes driving (3) SKIPPERLAND, in the home straight close to the rail. He pointed to Mr Holmes drawing his whip and using it 12 times in the run to the finishing post.
The Committee agreed with the count of 12 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Holmes admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault said Mr Holmes had one previous breach of this rule on 1 October 2017 at Banks Peninsula where he was fined $300. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and that Mr Holmes was informed of this. He said Mr Holmes had asked if any suspension imposed on him be started immediately.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of the rule within a 6-month period.
On this occasion we make no alteration because the Committee believes there are no additional aggravating or mitigating factors to justify any change.
We therefore determined that a 3-day suspension is an appropriate penalty.
penalty:
Mr Holmes licence is suspended from the conclusion of racing today 21 January 2018 up to and including racing on 2 February 2018.
Meetings encompassed in this period are: Addington 26 January 2018
Motukarara 28 January 2018
Addington 2 February 2018
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Holmes - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: b5f79c34609e9f4851054ba571d74dd6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cb93b46b62837671160d9a874dd8a9c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/01/2018
meet_title: Marlborough HRC - 21 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC