Archive Decision

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Timaru HRC 27 April 2017 – R 6 – Chair, Mr S Ching

ID: JCA16211

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr K Cameron - Licensed Open Horseman

Information Number:
A 8968

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Timaru HRC - 27 April 2017

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2017/04/27

Race Number:
R6

Decision:

As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d). 

Penalty:

Accordingly, Mr Cameron’s licence is suspended from the conclusion of racing on 29 April up to and including 11 May 2017.

Meetings encompassed in this period are Addington on 5 May, Rangiora on 7 May and Forbury Park 11 May 2017.

Facts:

Following the running of Race 6, the Mark Jones Harness Racing Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final 400m while driving RAINY RIVER.

Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Ydgren confirmed to the Committee that Mr Cameron had admitted the breach and that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving RAINY RIVER turning for home when racing in contention and in a four-wide position. Mr Ydgren said that shortly after entering the home straight, Mr Cameron drew the whip and used it once free of the rein before going back to the whip rein. Shortly afterwards Mr Cameron drew the whip again and used it free of the rein on a further 11 occasions making a total of 12 strikes inside the 400m which was clearly outside the Whip Guideline maximum of 10.

Submissions for Penalty:

Mr Ydgren stated that Mr Cameron’s driving record showed 71 drives to date this season, with 104 drives last season and 119, the season before. He said Mr Cameron’s penalty record was clear in regard to this rule and he had readily admitted the breach at the first opportunity. Mr Ydgren stated that the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. He said that Mr Cameron had submitted to the Stewards that he would prefer a suspension as penalty, to which the Stewards had no objection. Mr Ydgren stated that Mr Cameron drove on average on 2 occasions at relevant meetings and submitted that taking Mr Cameron’s clear record and admission of the breach into account, that a 3-day suspension be considered as penalty in this case. He also stated that Mr Cameron did not seek a deferment of any suspension imposed.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. The Committee acceded to Mr Cameron’s request that a suspension be considered as penalty in this case and determined that an equivalent penalty would be a fine of $300. The Committee determined that as Mr Cameron drives on average 2 times at relevant meetings, that a 3-day suspension, as submitted by Mr Ydgren, was an appropriate penalty in this case.

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: cadfb4a5a111ae2cd4c831d52d7ce29d


informantnumber: A 8968


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 29/04/2017


hearing_title: Timaru HRC 27 April 2017 - R 6 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 6, the Mark Jones Harness Racing Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final 400m while driving RAINY RIVER.

Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Ydgren confirmed to the Committee that Mr Cameron had admitted the breach and that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving RAINY RIVER turning for home when racing in contention and in a four-wide position. Mr Ydgren said that shortly after entering the home straight, Mr Cameron drew the whip and used it once free of the rein before going back to the whip rein. Shortly afterwards Mr Cameron drew the whip again and used it free of the rein on a further 11 occasions making a total of 12 strikes inside the 400m which was clearly outside the Whip Guideline maximum of 10.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d). 


sumissionsforpenalty:

Mr Ydgren stated that Mr Cameron’s driving record showed 71 drives to date this season, with 104 drives last season and 119, the season before. He said Mr Cameron’s penalty record was clear in regard to this rule and he had readily admitted the breach at the first opportunity. Mr Ydgren stated that the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. He said that Mr Cameron had submitted to the Stewards that he would prefer a suspension as penalty, to which the Stewards had no objection. Mr Ydgren stated that Mr Cameron drove on average on 2 occasions at relevant meetings and submitted that taking Mr Cameron’s clear record and admission of the breach into account, that a 3-day suspension be considered as penalty in this case. He also stated that Mr Cameron did not seek a deferment of any suspension imposed.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. The Committee acceded to Mr Cameron’s request that a suspension be considered as penalty in this case and determined that an equivalent penalty would be a fine of $300. The Committee determined that as Mr Cameron drives on average 2 times at relevant meetings, that a 3-day suspension, as submitted by Mr Ydgren, was an appropriate penalty in this case.


penalty:

Accordingly, Mr Cameron’s licence is suspended from the conclusion of racing on 29 April up to and including 11 May 2017.

Meetings encompassed in this period are Addington on 5 May, Rangiora on 7 May and Forbury Park 11 May 2017.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr K Cameron - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: db7b37af081b4cbe31d37d47323e26a9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a7871e4359654bb83dcb90f97460fdea


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/04/2017


meet_title: Timaru HRC - 27 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Timaru HRC