Archive Decision

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HR Waikato 10 July 2014 – R 1

ID: JCA15725

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr W Rich - Amateur Driver

Information Number:
A4213

Hearing Type:
Hearing

New Charge:
Projecting the Whip Outside the Confines of the Sulky

Rules:
869(2)(c)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 10 July 2014

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2014/07/10

Race Number:
R 1

Decision:

The Charge having been admitted is accordingly proved.

Penalty:

This Committee imposes a fine of $125.00 on Mr Rich.

Facts:

Following the running of THE NRM ASSET AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr B Jones against Licensed Amateur Driver Mr W Rich alleging that Mr Rich projected his whip outside the sulky when driving NO LIABILITY inside the final 400 metres.

Rule 869(2)(c) provides:

“No horseman shall during any Race project his whip outside the sulky or draw his whip further back than the sulky’s seat.”

Mr Rich was present and he advised the Committee that he understood the Rule and that he admitted the breach.

Mr Jones demonstrated the incident by use of the Race Films and he showed that prior to the Home Turn, Mr Rich driving NO LIABILITY was in the lead. He was several lengths clear of the field. Mr Jones showed where Mr Rich reached over and hit his sulky wheel disk. He did this twice.

Mr Rich said that the evidence of Mr Jones and the film were self-explanatory and he had nothing further to add.

Submissions for Penalty:

Mr Jones said that the JCA Guidelines provided for a fine of $200.00 or suspension of license for four drives. He did say that Mr Rich had a clear record over the last 12 months.

Mr Rich for his part also referred to his clear record and asked for leniency as far as a fine was concerned.

Reasons for Penalty:

The Committee listened to the evidence, viewed the films and listened to the submissions of Messrs Jones and Rich.

The Committee views this incident at the lower end of the scale because it did not involve any interference to any other horse in the Race. The Committee notes the starting point but also takes into account the mitigating factors which are Mr Rich’s admission of the breach, his clear record and the fact that it is at the lower end of the scale.

The Committee notes the starting point penalty in the JCA Guidelines and we are going to deal with this matter by way of a fine which we have adjusted down because of the mitigating factors.

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: c82ce2ae3fba191d6cffb5776e22e043


informantnumber: A4213


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Projecting the Whip Outside the Confines of the Sulky


plea: admitted


penaltyrequired: 1


decisiondate: 25/07/2014


hearing_title: HR Waikato 10 July 2014 - R 1


charge:


facts:

Following the running of THE NRM ASSET AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr B Jones against Licensed Amateur Driver Mr W Rich alleging that Mr Rich projected his whip outside the sulky when driving NO LIABILITY inside the final 400 metres.

Rule 869(2)(c) provides:

“No horseman shall during any Race project his whip outside the sulky or draw his whip further back than the sulky’s seat.”

Mr Rich was present and he advised the Committee that he understood the Rule and that he admitted the breach.

Mr Jones demonstrated the incident by use of the Race Films and he showed that prior to the Home Turn, Mr Rich driving NO LIABILITY was in the lead. He was several lengths clear of the field. Mr Jones showed where Mr Rich reached over and hit his sulky wheel disk. He did this twice.

Mr Rich said that the evidence of Mr Jones and the film were self-explanatory and he had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Jones said that the JCA Guidelines provided for a fine of $200.00 or suspension of license for four drives. He did say that Mr Rich had a clear record over the last 12 months.

Mr Rich for his part also referred to his clear record and asked for leniency as far as a fine was concerned.


reasonsforpenalty:

The Committee listened to the evidence, viewed the films and listened to the submissions of Messrs Jones and Rich.

The Committee views this incident at the lower end of the scale because it did not involve any interference to any other horse in the Race. The Committee notes the starting point but also takes into account the mitigating factors which are Mr Rich’s admission of the breach, his clear record and the fact that it is at the lower end of the scale.

The Committee notes the starting point penalty in the JCA Guidelines and we are going to deal with this matter by way of a fine which we have adjusted down because of the mitigating factors.


penalty:

This Committee imposes a fine of $125.00 on Mr Rich.


hearing_type: Hearing


Rules: 869(2)(c)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr W Rich - Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c757342ae3911fb71b2fae1e128218b5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ecb4418282a5443f6474d8a5a7db0910


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/07/2014


meet_title: Harness Racing Waikato - 10 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato