Archive Decision
This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.
Marlborough HRC 19 January 2018 – R 3 – Chair, Mr P Williams
ID: JCA16330
Meet Title:
Marlborough HRC - 19 January 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
DAnderson
Race Date:
2018/01/19
Race Number:
R3
Decision:
As Mr Payne has admitted the breach the Committee finds the charge proved.
Penalty:
Mr Payne is suspended for 5 days, those being Addington (26 January 2018), Banks Peninsula (28 January 2018), Addington (2 February 2018), Geraldine (3 February 2018) and Amberley (6 February 2018).
Facts:
Following the running of Race 3, the “Crown Sheet Metal Mobile Pace”, Information A9881 was filed by Stipendiary Steward Mr S Renault against Licensed Open Driver Mr R Payne alleging “Mr Payne “Awayovernight” used his whip outside the Regulations made by the Board”.
Mr Payne signed Information indicating he admitted the breach. Mr Renault advised the Committee that Mr Payne had elected not to be present at the hearing although had not endorsed the Information confirming that was the case. Notwithstanding the lack of that endorsement, the Committee decided to hear the case without Mr Payne being present.
Rule 869 states:
(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 the Whip Regulations” 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.
Using the side-on film Mr Renault highlighted Mr Payne leading the race as the horses approached the home straight for the final time. Mr Renault said Mr Payne struck his horse 14 times from the top of the straight which was a clear breach of the Rule.
Submissions for Penalty:
Mr Renault said Mr Payne had had 11 drives this season and 32 last season. He said Mr Payne had previously breached this Rule at Methven on 17 September 2017 where he was suspended for 5 days. He added that since then Mr Payne had had 9 drives. Mr Renault submitted that as this was Mr Payne’s second breach of the Rule within the last 4 months a period of suspension should be imposed and that it should not be less than 5 days.
Reasons for Penalty:
The Committee has reviewed the film of the final 400m of the Race and agrees Mr Payne has struck his horse 14 times from the top of the straight to the finish line. The Committee notes this is Mr Payne’s second offence with the last 4 months and believes a period of suspension is an appropriate penalty. The Use of Whip Regulations do not state a starting point for a second or subsequent breach of this Rule and the Committee has therefore adopted a starting point penalty of a 4-day suspension as we believe the severity of this breach is in the “mid-range”. There are no mitigating factors that justify this starting point being reduced. However, in aggravation we note Mr Payne won the race and that all other drivers drove within the guidelines and, in addition, that Mr Payne has only had 9 drives since his previous suspension in mid-September 2017.
The JCA’s Penalty Guidelines do not differentiate between drivers who drive regularly every week and have several drives each raceday and those like Mr Payne who may only drive once or twice a month. Nevertheless, it important the penalty imposed today be a meaningful one and the Committee has therefore decided on this occasion that an uplift of 1 day to take into account the aggravating factors above is justified.
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: db7a07db5266794539309911ff25697a
startdate: no date provided
newcharge: Excessive Use of Whip
hearing_title: Marlborough HRC 19 January 2018 - R 3 - Chair, Mr P Williams
facts:
Following the running of Race 3, the “Crown Sheet Metal Mobile Pace”, Information A9881 was filed by Stipendiary Steward Mr S Renault against Licensed Open Driver Mr R Payne alleging “Mr Payne “Awayovernight” used his whip outside the Regulations made by the Board”.
Mr Payne signed Information indicating he admitted the breach. Mr Renault advised the Committee that Mr Payne had elected not to be present at the hearing although had not endorsed the Information confirming that was the case. Notwithstanding the lack of that endorsement, the Committee decided to hear the case without Mr Payne being present.
Rule 869 states:
(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 the Whip Regulations” 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.
Using the side-on film Mr Renault highlighted Mr Payne leading the race as the horses approached the home straight for the final time. Mr Renault said Mr Payne struck his horse 14 times from the top of the straight which was a clear breach of the Rule.
Decision:
As Mr Payne has admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Renault said Mr Payne had had 11 drives this season and 32 last season. He said Mr Payne had previously breached this Rule at Methven on 17 September 2017 where he was suspended for 5 days. He added that since then Mr Payne had had 9 drives. Mr Renault submitted that as this was Mr Payne’s second breach of the Rule within the last 4 months a period of suspension should be imposed and that it should not be less than 5 days.
reasonsforpenalty:
The Committee has reviewed the film of the final 400m of the Race and agrees Mr Payne has struck his horse 14 times from the top of the straight to the finish line. The Committee notes this is Mr Payne’s second offence with the last 4 months and believes a period of suspension is an appropriate penalty. The Use of Whip Regulations do not state a starting point for a second or subsequent breach of this Rule and the Committee has therefore adopted a starting point penalty of a 4-day suspension as we believe the severity of this breach is in the “mid-range”. There are no mitigating factors that justify this starting point being reduced. However, in aggravation we note Mr Payne won the race and that all other drivers drove within the guidelines and, in addition, that Mr Payne has only had 9 drives since his previous suspension in mid-September 2017.
The JCA’s Penalty Guidelines do not differentiate between drivers who drive regularly every week and have several drives each raceday and those like Mr Payne who may only drive once or twice a month. Nevertheless, it important the penalty imposed today be a meaningful one and the Committee has therefore decided on this occasion that an uplift of 1 day to take into account the aggravating factors above is justified.
penalty:
Mr Payne is suspended for 5 days, those being Addington (26 January 2018), Banks Peninsula (28 January 2018), Addington (2 February 2018), Geraldine (3 February 2018) and Amberley (6 February 2018).
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R Payne - Open Horseman
raceid: 10dba9632f341ce24be7849dd581a32b
meetid: 90844711f2be1f60f93fd6488aae8bf5
meet_title: Marlborough HRC - 19 January 2018
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
