Nelson HRC 11 January 2019 – R 1 – Chair, Mr T Utikere
ID: JCA16576
Meet Title:
Nelson HRC - 11 January 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2019/01/11
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Keast is fined $350.
Facts:
Following the running of Race 1 (Insite Aluminium Windows & Doors Mobile Pace 2400m) Information A10830 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the ‘Use of the Whip’ Regulations Clause (c) in that “D Keast (JIMMY CANNON) used his whip in an uninterrupted manner between the 1100m and 800m.”
Rule 869(2) states: "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 relevant Whip Regulation (c) states: “No horseman is permitted to use their whip in an uninterrupted manner. Whether a horseman is using the whip free of the rein or retaining a hand or hands on the rein(s) the use must be sufficiently disrupted by any of the alternative actions listed below and distinct pauses must be visible:
- Running the reins over the horse’s rump
- Using the whip in a pushing motion through the horse’s tail
- Holding the whip on the horse’s tail or rump.”
Mr Wallis advised the Committee that as a junior driver, Mr Keast had been offered the assistance of a Senior Horseman, but that he had declined any assistance.
Mr Keast confirmed this and that he also understood the rule and that he admitted the breach.
Using the side-on view, Mr Wallis identified that Mr Keast was racing at the front of the field, with Mr G Smith improving three-wide without cover and challenging for the lead. Mr Keast then urged his horse along as it was racing “lethargically”.
The Trackside TV camera view, gave a close up perspective of Mr Keast using his whip in an uninterrupted manner, from the 1100m to 800m-750m, with Stewards counting close to 30 strikes. Mr Wallis stated that although the strikes were not forceful, the number was without an interruption, and was therefore unsatisfactory and in breach of the Whip Regulations.
Mr Keast said that he was getting attacked by Mr Smith, and that horse (KHAL DROGO) had stopped at the 400m. He believed that if he had handed up to Mr Smith, then he would have had to burn more fuel to eventually go around him when that horse tired.
In response to a question from the Committee, Mr Keast accepted that the view portrayed on Trackside would have looked bad to those who had observed it, but conversely, he also believed that if he had handed up to Mr Smith, then those who had punted on JIMMY CANNON would also be unhappy.
Submissions for Penalty:
Mr Wallis identified that Mr Keast was a busy driver, having had 101 drives last season, and prior to today’s meeting he had 43 drives thus far. He also had a team of horses around him that he had been driving on a regular basis. Mr Wallis submitted that while he had previous breaches of Clause (b), which related to Excessive Whip Use, he had a clear record under the current clause (c).
Mr Wallis identified the JCA Penalty Guide’s starting point of a $300 fine, and submitted a fine at that level as appropriate. He was asked to comment on the consideration of the respondent’s previous whip breaches, and responded that he viewed Mr Keast’s previous whip charges as distinctly separate from the current offending. He submitted that this was due to the fact that Mr Keast had been challenged for the lead; and if that had not occurred, then Mr Keast would not have used his whip in an uninterrupted manner. He also stated that charging a driver under Clause (c) was a rarity, and that if he had been forceful with his strikes then Stewards would see Mr Keast’s previous breaches under Clause (b) as aggravating and would be seeking a higher penalty.
Mr Keast stated that if Mr Smith had not have moved up and challenged in the way that he had, then the current charge would not exist. There was no way he was going to hand up, and if he had then he would also have some grumpy owners on his case.
Reasons for Penalty:
It is clear from the available films that Mr Keast used his whip on more than 30 occasions when being challenged for the lead by Mr Smith.
The view that was seen by the public on Trackside’s coverage of the race is most compelling and as it was televised in a split-screen, close-up fashion, it did not look good. We are aware that this is the first time that a breach of this clause has been dealt with by a Judicial Committee. In this circumstance, the JCA Penalty Guide very helpfully identifies a starting point for this breach as a $300 fine. We consider it appropriate to adopt that starting point on a mitigation inclusive basis. An aggravating feature is the distance over which the non-interrupted whip use occurred, some 300 to 350 metres. We have also considered that Mr Keast has two previous breaches of Rule 869(2), and that his offending whether captured by Clause (b) or Clause (c), falls within the same family of the Whip Regulations. In applying a modest uplift in aggravation, we note his previous two breaches of Whip-related Regulations and the constant use of his whip over a sustained distance of at least 300 metres.
JCA Decision Fields (raw)
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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: c7ec85ab70126f9836a4a71e1014062d
informantnumber: A10830
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 13/01/2019
hearing_title: Nelson HRC 11 January 2019 - R 1 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (Insite Aluminium Windows & Doors Mobile Pace 2400m) Information A10830 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the ‘Use of the Whip’ Regulations Clause (c) in that “D Keast (JIMMY CANNON) used his whip in an uninterrupted manner between the 1100m and 800m.”
Rule 869(2) states: "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 relevant Whip Regulation (c) states: “No horseman is permitted to use their whip in an uninterrupted manner. Whether a horseman is using the whip free of the rein or retaining a hand or hands on the rein(s) the use must be sufficiently disrupted by any of the alternative actions listed below and distinct pauses must be visible:
- Running the reins over the horse’s rump
- Using the whip in a pushing motion through the horse’s tail
- Holding the whip on the horse’s tail or rump.”
Mr Wallis advised the Committee that as a junior driver, Mr Keast had been offered the assistance of a Senior Horseman, but that he had declined any assistance.
Mr Keast confirmed this and that he also understood the rule and that he admitted the breach.
Using the side-on view, Mr Wallis identified that Mr Keast was racing at the front of the field, with Mr G Smith improving three-wide without cover and challenging for the lead. Mr Keast then urged his horse along as it was racing “lethargically”.
The Trackside TV camera view, gave a close up perspective of Mr Keast using his whip in an uninterrupted manner, from the 1100m to 800m-750m, with Stewards counting close to 30 strikes. Mr Wallis stated that although the strikes were not forceful, the number was without an interruption, and was therefore unsatisfactory and in breach of the Whip Regulations.
Mr Keast said that he was getting attacked by Mr Smith, and that horse (KHAL DROGO) had stopped at the 400m. He believed that if he had handed up to Mr Smith, then he would have had to burn more fuel to eventually go around him when that horse tired.
In response to a question from the Committee, Mr Keast accepted that the view portrayed on Trackside would have looked bad to those who had observed it, but conversely, he also believed that if he had handed up to Mr Smith, then those who had punted on JIMMY CANNON would also be unhappy.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Wallis identified that Mr Keast was a busy driver, having had 101 drives last season, and prior to today’s meeting he had 43 drives thus far. He also had a team of horses around him that he had been driving on a regular basis. Mr Wallis submitted that while he had previous breaches of Clause (b), which related to Excessive Whip Use, he had a clear record under the current clause (c).
Mr Wallis identified the JCA Penalty Guide’s starting point of a $300 fine, and submitted a fine at that level as appropriate. He was asked to comment on the consideration of the respondent’s previous whip breaches, and responded that he viewed Mr Keast’s previous whip charges as distinctly separate from the current offending. He submitted that this was due to the fact that Mr Keast had been challenged for the lead; and if that had not occurred, then Mr Keast would not have used his whip in an uninterrupted manner. He also stated that charging a driver under Clause (c) was a rarity, and that if he had been forceful with his strikes then Stewards would see Mr Keast’s previous breaches under Clause (b) as aggravating and would be seeking a higher penalty.
Mr Keast stated that if Mr Smith had not have moved up and challenged in the way that he had, then the current charge would not exist. There was no way he was going to hand up, and if he had then he would also have some grumpy owners on his case.
reasonsforpenalty:
It is clear from the available films that Mr Keast used his whip on more than 30 occasions when being challenged for the lead by Mr Smith.
The view that was seen by the public on Trackside’s coverage of the race is most compelling and as it was televised in a split-screen, close-up fashion, it did not look good. We are aware that this is the first time that a breach of this clause has been dealt with by a Judicial Committee. In this circumstance, the JCA Penalty Guide very helpfully identifies a starting point for this breach as a $300 fine. We consider it appropriate to adopt that starting point on a mitigation inclusive basis. An aggravating feature is the distance over which the non-interrupted whip use occurred, some 300 to 350 metres. We have also considered that Mr Keast has two previous breaches of Rule 869(2), and that his offending whether captured by Clause (b) or Clause (c), falls within the same family of the Whip Regulations. In applying a modest uplift in aggravation, we note his previous two breaches of Whip-related Regulations and the constant use of his whip over a sustained distance of at least 300 metres.
penalty:
Mr Keast is fined $350.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr D Keast - Junior Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 52238b612acdd8f6dee404e13aed9013
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race_emailed1: 0
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race_title: R1
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meetdate: 11/01/2019
meet_title: Nelson HRC - 11 January 2019
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name: Nelson HRC