Forbury Park TC 31 May 2018 – R 5 – Chair, Prof G Hall
ID: JCA17288
Meet Title:
Forbury Park TC - 31 May 2018
Meet Chair:
GHall
Race Date:
2018/05/31
Race Number:
R 5
Decision:
As Mr Franks has admitted the breach, it is found to be proved.
Penalty:
Mr Franks is fined the sum of $200.
Facts:
Mr Munro, Stipendiary Steward, alleged that Mr Franks used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive THE BADGER in race 5, the DUNEDIN CITY MOTORS TROT.
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.
Mr Franks indicated on the information that he admitted the breach and did not wish to be present at the hearing.
Mr Munro asked Mr Wallis, stipendiary steward, to demonstrate the alleged breach on the videos. He pointed out Mr Franks, who was racing towards the rear of the field as they turned for home. Mr Franks used his whip 13 times in the last 400 metres. Mr Munro agreed that there were a couple of pauses as the respondent activated gear. There were also two flicks at approximately the 400 metres, but Mr Munro said these were not part of the stipendiary steward’s count.
Submissions for Penalty:
The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Franks is 13. He agrees that this is the number. Mr Franks has had 12 drives this season, and 15 last season.
Reasons for Penalty:
This is Mr Franks’ first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.
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: f48aee31983cd923a33998791812a08d
informantnumber: A10506
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/06/2018
hearing_title: Forbury Park TC 31 May 2018 - R 5 - Chair, Prof G Hall
charge:
facts:
Mr Munro, Stipendiary Steward, alleged that Mr Franks used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive THE BADGER in race 5, the DUNEDIN CITY MOTORS TROT.
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.
Mr Franks indicated on the information that he admitted the breach and did not wish to be present at the hearing.
Mr Munro asked Mr Wallis, stipendiary steward, to demonstrate the alleged breach on the videos. He pointed out Mr Franks, who was racing towards the rear of the field as they turned for home. Mr Franks used his whip 13 times in the last 400 metres. Mr Munro agreed that there were a couple of pauses as the respondent activated gear. There were also two flicks at approximately the 400 metres, but Mr Munro said these were not part of the stipendiary steward’s count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Franks has admitted the breach, it is found to be proved.
sumissionsforpenalty:
The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200. The count for Mr Franks is 13. He agrees that this is the number. Mr Franks has had 12 drives this season, and 15 last season.
reasonsforpenalty:
This is Mr Franks’ first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $200. There are no aggravating or mitigating factors of the breach.
penalty:
Mr Franks is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr Munro - Stipendiary Steward
JockeysandTrainer: Mr K Franks - Driver
Otherperson: Mr Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4a096bd0e0a777b4390e37e237dec97c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: db6bda0bbeffbd49ca9492d442e000a6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2018
meet_title: Forbury Park TC - 31 May 2018
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