Banks Peninsula TC 29 December 2017 – R 1 – Chair, Mr D Anderson
ID: JCA16342
Meet Title:
Banks Peninsula TC - 29 December 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2017/12/29
Race Number:
R 1
Decision:
As Mr Keast admitted the breach the charge was found proved.
Penalty:
Mr Keast’s licence is suspended from the conclusion of racing on 5 January 2018 up to and including racing on 12 January 2018.
Meetings encompassed in this period are:
Rangiora - 7 January
Oamaru - 10 January
Nelson - 12 January.
Facts:
Following the running of Race 1, the “Motukarara Workouts Trot”, an Information was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869 (2) by Open Horseman, Mr J Keast. The Information stated that “Mr Keast used his whip in an excessive manner inside the final 400 metres”.
Mr Keast signed the information stating he admitted the breach and confirmed this at the hearing. He also confirmed to the Committee that he understood the rule with which he was being charged.
Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Mulcay used the race video, with the assistance of Mr McIntyre, to identify Mr Keast driving (4) SUPERFAST MAGGIE, approaching the home straight approximately 3 wide. He pointed to Mr Keast drawing his whip and using it 17 to 18 times in the run to the finishing post. Mr Mulcay said that Mr Keast maintained a hand on each rein and that the force was moderate.
The Committee asked Mr Keast if he agreed with Mr Mulcay’s assessment. He said he did and wished to affirm to the Committee that he had used the whip with the rein in hand for each strike.
Submissions for Penalty:
Mr Mulcay said Mr Keast had one previous breach of this rule on 10 September 2017 at Rangiora where he was fined $400. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and added that it was the number of strikes that were of concern.
Mr Keast submitted that he was trying too hard to win the race and it was clear that he had breached the rule. He added that he would appreciate any concession regarding penalty.
Reasons for Penalty:
The JCA Penalty Guide does provide a starting point of a 3-day suspension for a second breach of the rule within a 6-month period. We have increased this starting point to four days due to the number of strikes which we consider to be in the high range. There are no aggravating factors.
The mitigating factor is Mr Keast’s admission of the breach which we afford a discount. This discount we set at one day.
The Committee discussed deferment with Mr Keast and he requested any suspension begin after the Timaru meeting on the 5th January as he had two drives there.
We therefore determined that a 3-day suspension is an appropriate penalty. Mr Keast’s request for a deferment until after the 5th January is granted.
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: a72e04e4e26a4656a3cc70c7d432433f
informantnumber: A10151
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/12/2017
hearing_title: Banks Peninsula TC 29 December 2017 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1, the “Motukarara Workouts Trot”, an Information was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869 (2) by Open Horseman, Mr J Keast. The Information stated that “Mr Keast used his whip in an excessive manner inside the final 400 metres”.
Mr Keast signed the information stating he admitted the breach and confirmed this at the hearing. He also confirmed to the Committee that he understood the rule with which he was being charged.
Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Mulcay used the race video, with the assistance of Mr McIntyre, to identify Mr Keast driving (4) SUPERFAST MAGGIE, approaching the home straight approximately 3 wide. He pointed to Mr Keast drawing his whip and using it 17 to 18 times in the run to the finishing post. Mr Mulcay said that Mr Keast maintained a hand on each rein and that the force was moderate.
The Committee asked Mr Keast if he agreed with Mr Mulcay’s assessment. He said he did and wished to affirm to the Committee that he had used the whip with the rein in hand for each strike.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Keast admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Mulcay said Mr Keast had one previous breach of this rule on 10 September 2017 at Rangiora where he was fined $400. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and added that it was the number of strikes that were of concern.
Mr Keast submitted that he was trying too hard to win the race and it was clear that he had breached the rule. He added that he would appreciate any concession regarding penalty.
reasonsforpenalty:
The JCA Penalty Guide does provide a starting point of a 3-day suspension for a second breach of the rule within a 6-month period. We have increased this starting point to four days due to the number of strikes which we consider to be in the high range. There are no aggravating factors.
The mitigating factor is Mr Keast’s admission of the breach which we afford a discount. This discount we set at one day.
The Committee discussed deferment with Mr Keast and he requested any suspension begin after the Timaru meeting on the 5th January as he had two drives there.
We therefore determined that a 3-day suspension is an appropriate penalty. Mr Keast’s request for a deferment until after the 5th January is granted.
penalty:
Mr Keast’s licence is suspended from the conclusion of racing on 5 January 2018 up to and including racing on 12 January 2018.
Meetings encompassed in this period are:
Rangiora - 7 January
Oamaru - 10 January
Nelson - 12 January.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Keast - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 69f5bb40993003179d12ddb328729cdc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9a8932b85dc0d17e9f9c0af9b3338f83
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2017
meet_title: Banks Peninsula TC - 29 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC