Archive Decision

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Forbury Park TC 9 December 2016 – R 5 – Chair, Prof G Hall

ID: JCA16446

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr J Campbell - Junior Horseman

Other Person:
Mr C Ferguson - assisting Mr Campbell

Information Number:
A8427

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Forbury Park TC - 9 December 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/12/09

Race Number:
R 5

Decision:

Mr Campbell has admitted the breach. We thus find the breach proved.

Penalty:

Mr Campbell is fined the sum of $250 and is reminded of his obligations under the Rules of Harness Racing.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Campbell (REALLY DESIRABLE) used his whip excessively in the home straight.

Mr Wallis demonstrated on the videos that the respondent had used his whip 11 times in the final 400 metres. Five strikes with the whip were interspersed with the rein through the tail and 6 more were free of the rein. There was a brief pause after 5 of the strikes and then there were another 6. Some strikes on this second occasion were fairly forceful.

Mr Ferguson emphasised it was a tight finish with close margins and Mr Campbell had been getting the best from his horse. He had finished fifth. Mr Campbell accepted there were 11 strikes after the 400 metres and emphasised he had broken up his action.

Submissions for Penalty:

Mr Wallis submitted that a fine of $300 was appropriate. He said the respondent was a junior driver with an excellent record. He had had 42 drives prior to tonight.

Mr Campbell emphasised it was a blanket finish and he was just over the 10 strikes. He said he was just starting out in the industry and asked for a fine rather than a suspension. He said he found it difficult to get drives.

Reasons for Penalty:

Mr Campbell is correct when he says it was a blanket finish and he was only one over the allowable number of strikes. However, we do not reduce the $500 JCA starting point for this factor. We view the breach to be at the low end of mid range. The number of strikes is low, the reins were used through the tail, and there was a brief pause, but some of the strikes after this time were quite forceful.

We give credit of $100 each of the mitigating factors of the admission of the breach and the respondent’s record, which is excellent. That would take us to a penalty of a fine of $300. We give a further discount of $50, however, for the fact that although Mr Campbell has been driving for 13 months, this is the first time he has been before the JCA.

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: b66a488bc491af5e11ae29731af3cdeb


informantnumber: A8427


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/12/2016


hearing_title: Forbury Park TC 9 December 2016 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Campbell (REALLY DESIRABLE) used his whip excessively in the home straight.

Mr Wallis demonstrated on the videos that the respondent had used his whip 11 times in the final 400 metres. Five strikes with the whip were interspersed with the rein through the tail and 6 more were free of the rein. There was a brief pause after 5 of the strikes and then there were another 6. Some strikes on this second occasion were fairly forceful.

Mr Ferguson emphasised it was a tight finish with close margins and Mr Campbell had been getting the best from his horse. He had finished fifth. Mr Campbell accepted there were 11 strikes after the 400 metres and emphasised he had broken up his action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Campbell has admitted the breach. We thus find the breach proved.


sumissionsforpenalty:

Mr Wallis submitted that a fine of $300 was appropriate. He said the respondent was a junior driver with an excellent record. He had had 42 drives prior to tonight.

Mr Campbell emphasised it was a blanket finish and he was just over the 10 strikes. He said he was just starting out in the industry and asked for a fine rather than a suspension. He said he found it difficult to get drives.


reasonsforpenalty:

Mr Campbell is correct when he says it was a blanket finish and he was only one over the allowable number of strikes. However, we do not reduce the $500 JCA starting point for this factor. We view the breach to be at the low end of mid range. The number of strikes is low, the reins were used through the tail, and there was a brief pause, but some of the strikes after this time were quite forceful.

We give credit of $100 each of the mitigating factors of the admission of the breach and the respondent’s record, which is excellent. That would take us to a penalty of a fine of $300. We give a further discount of $50, however, for the fact that although Mr Campbell has been driving for 13 months, this is the first time he has been before the JCA.


penalty:

Mr Campbell is fined the sum of $250 and is reminded of his obligations under the Rules of Harness Racing.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr J Campbell - Junior Horseman


Otherperson: Mr C Ferguson - assisting Mr Campbell


PersonPresent:


Respondent:


StipendSteward:


raceid: 80c76f56e17e381b9d4a824e7f4ac4b4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: be3a60095bea6062847fd5b86b03aaf0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/12/2016


meet_title: Forbury Park TC - 9 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC