Archive Decision

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Forbury Park TC 28 March 2019 – R 9 – Chair, Prof G Hall

ID: JCA16626

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr J Campbell - Junior Driver

Other Person:
Mr J Cox - Open Horseman assisting Mr Campbell

Information Number:
A12484

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
869(2) and Use of the Whip Regulations

Plea:
denied

Meet Title:
Forbury Park TC - 28 March 2019

Meet Chair:
GHall

Race Date:
2019/03/28

Race Number:
R 9

Decision:

The breach is proved.

Penalty:

Mr Campbell is fined the sum of $200.

Facts:

Following the running of Race 9, the NEXT RACE MEETING 4TH APRIL MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Campbell, the driver of NO MORE CHANGE used his whip on more occasions than is permitted by the Use of the Whip regulations.

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 Regulations made by the Board.

The Use of the Whip Regulations 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.

Submissions for Decision:

Mr Renault demonstrated on the race films that the respondent, who finished down the outside of the track, used his whip 17 times. He later amended this count to 16 times as the last strike was very close to the winning post. He believed Mr Campbell was using a striking action.

Mr Campbell questioned the number of strikes, alleging first that the number was 10. After viewing the videos repeatedly, he accepted the count was over 10 and was as high as 12 or 13.

Reasons for Decision:

The point of difference between Mr Renault and Mr Campbell was whether the last 4 strikes were with the whip and reins. Mr Campbell said that while he had the whip in hand it was only the reins striking the horse. When questioned by the Committee, he said the whip was not striking the dustcover, the stay of the cart or the horse at this time.

After further viewing of the videos, Mr Renault amended his count to 12 or 13 strikes.

The Committee was satisfied there were 13 strikes. Mr Campbell accepted this.

Submissions for Penalty:

Mr Renault produced Mr Campbell’s record under this rule which was clear.

Reasons for Penalty:

The breach is low-range. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.

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: ce4f5cfbfd282b51c152bdccfdfc82fb


informantnumber: A12484


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: denied


penaltyrequired: 1


decisiondate: 02/04/2019


hearing_title: Forbury Park TC 28 March 2019 - R 9 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 9, the NEXT RACE MEETING 4TH APRIL MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Campbell, the driver of NO MORE CHANGE used his whip on more occasions than is permitted by the Use of the Whip regulations.

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 Regulations made by the Board.

The Use of the Whip Regulations 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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault demonstrated on the race films that the respondent, who finished down the outside of the track, used his whip 17 times. He later amended this count to 16 times as the last strike was very close to the winning post. He believed Mr Campbell was using a striking action.

Mr Campbell questioned the number of strikes, alleging first that the number was 10. After viewing the videos repeatedly, he accepted the count was over 10 and was as high as 12 or 13.


reasonsfordecision:

The point of difference between Mr Renault and Mr Campbell was whether the last 4 strikes were with the whip and reins. Mr Campbell said that while he had the whip in hand it was only the reins striking the horse. When questioned by the Committee, he said the whip was not striking the dustcover, the stay of the cart or the horse at this time.

After further viewing of the videos, Mr Renault amended his count to 12 or 13 strikes.

The Committee was satisfied there were 13 strikes. Mr Campbell accepted this.


Decision:

The breach is proved.


sumissionsforpenalty:

Mr Renault produced Mr Campbell’s record under this rule which was clear.


reasonsforpenalty:

The breach is low-range. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.


penalty:

Mr Campbell is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) and Use of the Whip Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr J Campbell - Junior Driver


Otherperson: Mr J Cox - Open Horseman assisting Mr Campbell


PersonPresent:


Respondent:


StipendSteward:


raceid: dd58925776e2e21ec73b1128d480d556


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c03155b1121dd0e70283f618ac019b73


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/03/2019


meet_title: Forbury Park TC - 28 March 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC