Banks Peninsula TC 27 January 2019 – R 11 – Chair, Mr G Clapp
ID: JCA16172
Meet Title:
Banks Peninsula TC - 27 January 2019
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/01/27
Race Number:
R 11
Decision:
In reliance on Mr Renault’s assertion that the charge was admitted, the committee deemed the charge proved.
Penalty:
Mr Curtin is fined $200.
Facts:
Following the running of Race 11 (Next Meeting 17 March “Paddy’s Day Out” Mobile Pace 2000m) Information A11365 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “J Curtin (Beaudiene Gambler) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Curtin had not signed the Information acknowledging that he admitted the breach. However, Mr Renault told the committee that Mr Curtin had seen the video and was told that a charge would be following. An information had been served but had not been signed at this stage. Mr Renault also informed the committee that Mr Curtin admitted the breach but did not wish to be present at the hearing.
Rule 869 (2) States: “No Horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board”.
The Use of the Whip Regulation clause (b) reads: “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 Renault used the available films with the assistance of Stipendiary Steward, Mrs Tibbs, who identified BEAUDIENE GAMBLER racing, in the parked position. In the run home Mr Renault submitted that Mr Curtin had used his whip on 13 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the committee that Mr Curtin had viewed the film and agreed with the stewards as to the number of times that he used his whip.
Submissions for Penalty:
Mr Renault told the committee that Mr Curtin has had 194 drives this season and 396 drives last season. He had a clear record in the past 12 months. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, the Regulation provides for a $200 fine. Mr Curtin was not present to make any submissions to the contrary, however Mr Renault told the committee that Mr Curtin believed “hand on the reins” was permitted and did not count.
Reasons for Penalty:
It is clear from the films that Mr Curtin did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mr Curtin’s early admission and clear record under this rule, it considers a fine as identified in the Regulation’s sliding scale as 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: c590eb94174db3a4bf679ab76cc6ead5
informantnumber: A11365
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 28/01/2019
hearing_title: Banks Peninsula TC 27 January 2019 - R 11 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 11 (Next Meeting 17 March “Paddy’s Day Out” Mobile Pace 2000m) Information A11365 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “J Curtin (Beaudiene Gambler) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Curtin had not signed the Information acknowledging that he admitted the breach. However, Mr Renault told the committee that Mr Curtin had seen the video and was told that a charge would be following. An information had been served but had not been signed at this stage. Mr Renault also informed the committee that Mr Curtin admitted the breach but did not wish to be present at the hearing.
Rule 869 (2) States: “No Horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board”.
The Use of the Whip Regulation clause (b) reads: “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 Renault used the available films with the assistance of Stipendiary Steward, Mrs Tibbs, who identified BEAUDIENE GAMBLER racing, in the parked position. In the run home Mr Renault submitted that Mr Curtin had used his whip on 13 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the committee that Mr Curtin had viewed the film and agreed with the stewards as to the number of times that he used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In reliance on Mr Renault’s assertion that the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
Mr Renault told the committee that Mr Curtin has had 194 drives this season and 396 drives last season. He had a clear record in the past 12 months. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, the Regulation provides for a $200 fine. Mr Curtin was not present to make any submissions to the contrary, however Mr Renault told the committee that Mr Curtin believed “hand on the reins” was permitted and did not count.
reasonsforpenalty:
It is clear from the films that Mr Curtin did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mr Curtin’s early admission and clear record under this rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
penalty:
Mr Curtin is fined $200.
hearing_type: Hearing
Rules: 869(2) and use of the whip Regulation (b)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr J F Curtin - Open Horseman
Otherperson: Mrs Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 50723af12e620c405f43905083d71d6b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 259beec7964cc47bdf205a1243751f73
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2019
meet_title: Banks Peninsula TC - 27 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC