NZ Metro TC 25 September 2020 – R 9 – Chair, Mr R McKenzie
ID: JCA16230
Meet Title:
NZ Metro TC - 25 September 2020
Meet Chair:
RMcKenzie
Race Date:
2020/09/25
Race Number:
R9
Decision:
Mr Faulks having admitted the charge, the charge is found proved.
Penalty:
Mr Faulks is fined the sum of $200.
Facts:
Following the running of Race 9, Clarkson Signs – In House Graphic Design Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr A W Faulks, alleging that Mr Faulks, as the driver of ARRAN CHIEF in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Faulks had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he admitted the breach.
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 Regulations made by the Board.
The Use of Whip Regulations (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 Renault showed a video replay of the final 400 metres of the race. He pointed out ARRAN CHIEF, driven by Mr Faulks, racing four places back on the markers as the field entered the home straight. After turning into the straight, Mr Faulks used his whip 12 times from the 200 metres to the finishing line, Mr Renault said. The Committee noted that ARRAN CHIEF finished in 8th position, 3.4 lengths from the winner.
Mr Faulks accepted the alleged number of 12 strikes. His explanation was, simply, that he had miscounted.
Submissions for Penalty:
Mr Renault said that Mr Faulks has had two drives this season and last season had 31. His record in the last 6 months is clear.
Mr Renault referred to the penalty guide in the regulation and said that Stewards were recommending a fine of $200 as prescribed for a breach involving a number of strikes in the range of 11-13.
Reasons for Penalty:
There were a clear number of 12 strikes. The penalty guide penalty for a first breach involving 11-13 strikes is a fine of $200.
In this case there are no aggravating factors and no relevant mitigating factors.
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: cd3aaa419f710511d3f1da1a23d75a7d
informantnumber: A13214
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/09/2020
hearing_title: NZ Metro TC 25 September 2020 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Clarkson Signs – In House Graphic Design Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr A W Faulks, alleging that Mr Faulks, as the driver of ARRAN CHIEF in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Faulks had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he admitted the breach.
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 Regulations made by the Board.
The Use of Whip Regulations (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 Renault showed a video replay of the final 400 metres of the race. He pointed out ARRAN CHIEF, driven by Mr Faulks, racing four places back on the markers as the field entered the home straight. After turning into the straight, Mr Faulks used his whip 12 times from the 200 metres to the finishing line, Mr Renault said. The Committee noted that ARRAN CHIEF finished in 8th position, 3.4 lengths from the winner.
Mr Faulks accepted the alleged number of 12 strikes. His explanation was, simply, that he had miscounted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Faulks having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Mr Renault said that Mr Faulks has had two drives this season and last season had 31. His record in the last 6 months is clear.
Mr Renault referred to the penalty guide in the regulation and said that Stewards were recommending a fine of $200 as prescribed for a breach involving a number of strikes in the range of 11-13.
reasonsforpenalty:
There were a clear number of 12 strikes. The penalty guide penalty for a first breach involving 11-13 strikes is a fine of $200.
In this case there are no aggravating factors and no relevant mitigating factors.
penalty:
Mr Faulks is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: A W Faulks, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 64ed22e0b75522af566eefccfcff5dcc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bcd6af5f86e11edda53dc88c898e3b0d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2020
meet_title: NZ Metro TC - 25 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC