Archive Decision

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Methven TC 31 March 2019 – R 7 – Chair, Mr D Anderson

ID: JCA15996

Applicant:
Mr R Quirk - Stipendiary Steward

Respondent(s):
Mr G Hunt - Open Driver

Other Person:
Mr N Ydgren - Chief Stipendiary Steward

Information Number:
A12433

Hearing Type:
Hearing

New Charge:
Breach of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Methven TC - 31 March 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2019/03/31

Race Number:
R 7

Decision:

As Mr Hunt admitted the breach the charge was found proved.

Penalty:

Mr Hunt’s licence is suspended from the conclusion of racing on the 7 April 2019 up to and including racing on 20 April 2019.

Meetings encompassed in this period are:

Addington 12 April 2019
Rangiora 14 April 2019
Addington 20 April 2019.

Facts:

Following the running of Race 7 the “Pat McGirr Memorial Trot” an Information was filed by Stipendiary Steward Mr R Quirk alleging a breach of Rule 869(2) by Open Driver Mr G Hunt. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Hunt signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Quirk used the race video to identify Mr Hunt driving (10) FOREIGNER, in the parked position entering the home straight and in second place. Mr Quirk pointed to Mr Hunt and counted 12 clear strikes with the whip in the run to the finishing post.

Submissions for Penalty:

Mr Quirk stated Mr Hunt had been fined $500 at Banks Peninsula on 29/12/2018 which is within a six-month period of today’s breach. He said the Stewards accessed the breach as low range. Mr Quirk said the Stewards were seeking a 3-day suspension as an appropriate penalty in this case.

Mr Quirk said Mr Hunt had requested a deferment of suspension until after racing at Rangiora next Sunday.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee has a adopted a 3-day starting point for this breach as we agree with the Stewards it is low level. There are no aggravating factors to warrant an uplift from this starting point.

Mr Hunt’s request for a deferment is granted under rule 1304 (1).

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: ad9e39ae2b858a3ca0902a98267210f3


informantnumber: A12433


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2019


hearing_title: Methven TC 31 March 2019 - R 7 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 7 the “Pat McGirr Memorial Trot” an Information was filed by Stipendiary Steward Mr R Quirk alleging a breach of Rule 869(2) by Open Driver Mr G Hunt. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Hunt signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Quirk used the race video to identify Mr Hunt driving (10) FOREIGNER, in the parked position entering the home straight and in second place. Mr Quirk pointed to Mr Hunt and counted 12 clear strikes with the whip in the run to the finishing post.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hunt admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Quirk stated Mr Hunt had been fined $500 at Banks Peninsula on 29/12/2018 which is within a six-month period of today’s breach. He said the Stewards accessed the breach as low range. Mr Quirk said the Stewards were seeking a 3-day suspension as an appropriate penalty in this case.

Mr Quirk said Mr Hunt had requested a deferment of suspension until after racing at Rangiora next Sunday.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee has a adopted a 3-day starting point for this breach as we agree with the Stewards it is low level. There are no aggravating factors to warrant an uplift from this starting point.

Mr Hunt’s request for a deferment is granted under rule 1304 (1).


penalty:

Mr Hunt’s licence is suspended from the conclusion of racing on the 7 April 2019 up to and including racing on 20 April 2019.

Meetings encompassed in this period are:

Addington 12 April 2019
Rangiora 14 April 2019
Addington 20 April 2019.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr R Quirk - Stipendiary Steward


JockeysandTrainer: Mr G Hunt - Open Driver


Otherperson: Mr N Ydgren - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a0b131d5cc7a14e79e1b483e80c57bc0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f42ad50cf9e6028b2aa153abd13322de


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/03/2019


meet_title: Methven TC - 31 March 2019


meet_expappcomment:


meet_km:


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tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: Methven TC