Gore HRC 18 May 2019 – R 7 – Chair, Prof G Hall
ID: JCA16984
Meet Title:
Gore HRC - 18 May 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/05/18
Race Number:
R 7
Decision:
As Mr Swain has admitted the breach it is found to be proved.
Penalty:
Mr Swain is fined the sum of $250.
Facts:
Mr Munro alleged that in race 7, the Bearing Replacements Mobile Pace, Mr Swain used his whip when his foot was out of the sulky footrest.
Rule 869(2) reads:
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.
Clause (k) of the Use of the Whip Regulation reads:
No horseman is permitted to use the whip when their foot is free of the sulky footrest (in conjunction with r 867).
Mr Munro demonstrated the incident on the videos. He demonstrated that the respondent was mid-field in the three wide line and, after Mr Swain reached for the deafeners, his right foot dropped out of the sulky. He said Mr Swain struck the horse with the whip in his right hand. It was just one strike and Mr Swain’s foot was out for a distance of 50 metres at the most.
Mr Swain said he had put his foot down and, not thinking, he had used his whip before he put his foot back in. He explained he had the cord for the deafeners under the seat and his foot came out as he reached out for it. He had put his foot back in quickly. His horse, MAGNETIC WATCH, had only whacked away in the straight.
Submissions for Penalty:
Mr Munro produced the respondent’s record. He has had 71 drives this season and 112 the last. Mr Swain’s record was clear under this rule, but he had recently been in breach of the rule prohibiting the foot being dropped from the sulky.
Mr Munro submitted that a $300 fine was appropriate.
Mr Swain said this was a lot and asked for the fine to be as little as possible. He emphasised his foot had been out of the rest for only a short distance.
Reasons for Penalty:
We are satisfied that Mr Swain’s foot was out for a distance of approximately 40 metres and the whip was used once on MAGNETIC WATCH in that time. We thus view the breach as low range. We would take a $250 starting point and after a $50 increase for the recent breach and a deduction of a similar amount for his admission of the breach, we arrive at a figure of $250.
JCA Decision Fields (raw)
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hearingid: bd1d6ff542bfb65707e46ede3ca04489
informantnumber: A9810
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 20/05/2019
hearing_title: Gore HRC 18 May 2019 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Munro alleged that in race 7, the Bearing Replacements Mobile Pace, Mr Swain used his whip when his foot was out of the sulky footrest.
Rule 869(2) reads:
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.
Clause (k) of the Use of the Whip Regulation reads:
No horseman is permitted to use the whip when their foot is free of the sulky footrest (in conjunction with r 867).
Mr Munro demonstrated the incident on the videos. He demonstrated that the respondent was mid-field in the three wide line and, after Mr Swain reached for the deafeners, his right foot dropped out of the sulky. He said Mr Swain struck the horse with the whip in his right hand. It was just one strike and Mr Swain’s foot was out for a distance of 50 metres at the most.
Mr Swain said he had put his foot down and, not thinking, he had used his whip before he put his foot back in. He explained he had the cord for the deafeners under the seat and his foot came out as he reached out for it. He had put his foot back in quickly. His horse, MAGNETIC WATCH, had only whacked away in the straight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Swain has admitted the breach it is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. He has had 71 drives this season and 112 the last. Mr Swain’s record was clear under this rule, but he had recently been in breach of the rule prohibiting the foot being dropped from the sulky.
Mr Munro submitted that a $300 fine was appropriate.
Mr Swain said this was a lot and asked for the fine to be as little as possible. He emphasised his foot had been out of the rest for only a short distance.
reasonsforpenalty:
We are satisfied that Mr Swain’s foot was out for a distance of approximately 40 metres and the whip was used once on MAGNETIC WATCH in that time. We thus view the breach as low range. We would take a $250 starting point and after a $50 increase for the recent breach and a deduction of a similar amount for his admission of the breach, we arrive at a figure of $250.
penalty:
Mr Swain is fined the sum of $250.
hearing_type: Hearing
Rules: 869(2) and cl (k) of the Whip Regulation
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr R Swain - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 06782ed51eb45427111beb7525383c16
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5a82de900708a2cf2993484dd860bf1b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/05/2019
meet_title: Gore HRC - 18 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore HRC