Waimate TC 24 March 2019 – R 3 – Chair, Mr D Anderson
ID: JCA16470
Meet Title:
Waimate TC - 24 March 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
PKnowles
Race Date:
2019/03/24
Race Number:
R 3
Decision:
As Mr Newman admitted the breach the charge was found proved.
Penalty:
Mr Newman's licence to drive is suspended from the close of racing on the 25 March up to and including racing at Invercargill on 30/3/2019.
Days included in this period are;
Forbury 28 March 2019
Addington 29 March 2019
Invercargill 30 March 2019.
Facts:
Following the running of Race 3 the KIRK IRRIGATION MOBILE PACE an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Junior Driver Mr K Newman. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Newman signed the information stating he admitted the breach and confirmed to the Committee that he had a clear understanding of the rule.
Mr Newman was assisted at the hearing by Open Driver Mr T Williams.
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 Regulation made by the Board.
The Use of Whip Regulation (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 used the race video, with the assistance of Mr McIntyre, to identify Mr Newman driving (10) MARKHAM EYRE, racing behind the leaders entering the home straight. Mr Newman angled out into the clear and used his whip 11 times in the run to the finishing post.
Mr Newman and Mr Williams agreed with the count of 11 strikes as did the Committee.
Submissions for Penalty:
Mr Renault said Mr Newman has had 40 drives this season. He said on the 14/12/18 Mr Newman was fined $200 and on 8/1/19 he was suspended for 3 days. Today being his third breach within a six month period.
He said the Stewards see this breach as low level and informed the Committee this was Mr Newman’s first winning drive. He considered Mr Newman deserved some credit for his admission, his status as a Junior Driver and the way he had conducted himself in the process. He said a 3-day suspension would be appropriate.
Reasons for Penalty:
The JCA Penalty Guide provides a suspension of 3 to 5 days for a second or subsequent breach of this rule.
The Committee agree this is a low-level breach, have considered the aggravating and mitigating factors and consider in this case a 3-day suspension is an appropriate penalty.
Mr Newman did not require a deferment but had a drive at Dunedin on 25 March where drivers have been declared.
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: b86ff329662e170cade59062bc70756f
informantnumber: A12428
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/03/2019
hearing_title: Waimate TC 24 March 2019 - R 3 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 3 the KIRK IRRIGATION MOBILE PACE an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Junior Driver Mr K Newman. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Newman signed the information stating he admitted the breach and confirmed to the Committee that he had a clear understanding of the rule.
Mr Newman was assisted at the hearing by Open Driver Mr T Williams.
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 Regulation made by the Board.
The Use of Whip Regulation (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 used the race video, with the assistance of Mr McIntyre, to identify Mr Newman driving (10) MARKHAM EYRE, racing behind the leaders entering the home straight. Mr Newman angled out into the clear and used his whip 11 times in the run to the finishing post.
Mr Newman and Mr Williams agreed with the count of 11 strikes as did the Committee.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Newman admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault said Mr Newman has had 40 drives this season. He said on the 14/12/18 Mr Newman was fined $200 and on 8/1/19 he was suspended for 3 days. Today being his third breach within a six month period.
He said the Stewards see this breach as low level and informed the Committee this was Mr Newman’s first winning drive. He considered Mr Newman deserved some credit for his admission, his status as a Junior Driver and the way he had conducted himself in the process. He said a 3-day suspension would be appropriate.
reasonsforpenalty:
The JCA Penalty Guide provides a suspension of 3 to 5 days for a second or subsequent breach of this rule.
The Committee agree this is a low-level breach, have considered the aggravating and mitigating factors and consider in this case a 3-day suspension is an appropriate penalty.
Mr Newman did not require a deferment but had a drive at Dunedin on 25 March where drivers have been declared.
penalty:
Mr Newman's licence to drive is suspended from the close of racing on the 25 March up to and including racing at Invercargill on 30/3/2019.
Days included in this period are;
Forbury 28 March 2019
Addington 29 March 2019
Invercargill 30 March 2019.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr K Newman - Junior Driver
Otherperson: Mr N McIntyre - Manager of Stewards, Mr T Williams - assisting Mr Newman
PersonPresent:
Respondent:
StipendSteward:
raceid: fbb327dead048378d3ac6a6af8bf9687
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e7af3b5cb7463a1c461cdc80b4e36d1
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meet_emailed1: 0
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meetdate: 24/03/2019
meet_title: Waimate TC - 24 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waimate-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: PKnowles
meet_pm2: none
name: Waimate TC