Auckland TC 2 November 2018 – R 9 – Chair, Mr G Jones
ID: JCA16476
Meet Title:
Auckland TC - 2 November 2018
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2018/11/02
Race Number:
R9
Decision:
The charge is admitted and therefore proved.
Penalty:
The Committee issued Mr Argue with a $200 fine.
Facts:
This charge arises from the running of race 9, the HR Fisken and Sons Ltd Handicap Trot 2200m. Senior Stipendiary Steward, Mr Muirhead filed an information alleging Licensed Open Horseman, Mr S Argue breached Rule 869(2) in that he used his whip outside the whip regulations when driving SPEEDY LAVROS over the final 400 metres.
Rule 869(2)(a) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines (as of 30 November 2017) provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Argue admitted the breach. He indicated that he did not wish to be present at the hearing and endorsed the information accordingly.
Using available video footage Senior Stipendiary Steward, Mr Muirhead demonstrated the breach. He identified SPEEDY LAVROS (S Argue) trailing the race leader as the field entered the home straight. He pointed out that over the concluding stages of the race Mr Argue used his whip 12 times.
Submissions for Penalty:
Mr Muirhead produced Mr Argues driving record which showed no previous breaches of this rule. He said that Mr Argue was a Licensed Trainer and generally his drives are limited to his own horses. Mr Muirhead submitted that the JCA Penalty Guide provides a $200 fine for a first offence where the number of strikes is between 11 to 13 and as there were no aggravating factors a fine of $200 would be appropriate in the circumstances of this case.
Reasons for Penalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes as follows:
11 - 13 strikes $200
14 - 16 strikes $300
17 strikes and over $500
The Committee reviewed the video footage of the final 400 metres of the race which confirmed Mr Argue used his whip 12 times. There are no aggravating factors and on that basis there are no compelling reasons to deviate from the $200 starting point.
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: b92020e93c3e37ee83ea6f50da605fbf
informantnumber: A10313
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/11/2018
hearing_title: Auckland TC 2 November 2018 - R 9 - Chair, Mr G Jones
charge:
facts:
This charge arises from the running of race 9, the HR Fisken and Sons Ltd Handicap Trot 2200m. Senior Stipendiary Steward, Mr Muirhead filed an information alleging Licensed Open Horseman, Mr S Argue breached Rule 869(2) in that he used his whip outside the whip regulations when driving SPEEDY LAVROS over the final 400 metres.
Rule 869(2)(a) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines (as of 30 November 2017) provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Argue admitted the breach. He indicated that he did not wish to be present at the hearing and endorsed the information accordingly.
Using available video footage Senior Stipendiary Steward, Mr Muirhead demonstrated the breach. He identified SPEEDY LAVROS (S Argue) trailing the race leader as the field entered the home straight. He pointed out that over the concluding stages of the race Mr Argue used his whip 12 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and therefore proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Argues driving record which showed no previous breaches of this rule. He said that Mr Argue was a Licensed Trainer and generally his drives are limited to his own horses. Mr Muirhead submitted that the JCA Penalty Guide provides a $200 fine for a first offence where the number of strikes is between 11 to 13 and as there were no aggravating factors a fine of $200 would be appropriate in the circumstances of this case.
reasonsforpenalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes as follows:
11 - 13 strikes $200
14 - 16 strikes $300
17 strikes and over $500
The Committee reviewed the video footage of the final 400 metres of the race which confirmed Mr Argue used his whip 12 times. There are no aggravating factors and on that basis there are no compelling reasons to deviate from the $200 starting point.
penalty:
The Committee issued Mr Argue with a $200 fine.
hearing_type: Hearing
Rules: R869(2) and Whip Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr S Argue - Licensed Open Horseman - Driver of SPEEDY LAVROS
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 41a8e1d8df22ee27d3e8518276f583f4
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: 1b2fc5b6f7f0880c11965e0cc7a747c2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/11/2018
meet_title: Auckland TC - 2 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC