Marlborough HRC 24 June 2018 – R 6 – Chair, Mr G Clapp
ID: JCA17878
Meet Title:
Marlborough HRC - 24 June 2018
Meet Chair:
GClapp
Meet Committee Member 1:
PWilliams
Race Date:
2018/06/24
Race Number:
R 6
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Abernethy is fined $200.
Facts:
Following the running of Race 6, (T & D Construction Mobile Pace 2300m), Information A09961 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869(2) in that “S Abernethy (Mister Mighty) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”.
Mr Abernethy had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
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 Use of the Whip Regulation clause (b) reads: “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 Renault used the available films with the assistance of Mr Ydgren who identified MISTER MIGHTY racing, three back and one off. On the run home Mr Renault submitted that Mr Abernethy had used his whip on 13 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the Committee that Mr Abernethy had viewed the film and agreed with the Stewards as to the number of times that he used his whip.
Submissions for Penalty:
Mr Renault told the committee that Mr Abernethy had 317 drives last season and 303 drives this season. He had a clear record under this rule. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine.
Mr Abernethy was not present to make any submissions to the contrary.
Reasons for Penalty:
It is clear from the films that Mr Abernethy did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The Committee notes Mr Abernethy’s early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
JCA Decision Fields (raw)
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hearingid: f9187fecc8f6328d2b62c1d59d667f9e
informantnumber: A09961
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/06/2018
hearing_title: Marlborough HRC 24 June 2018 - R 6 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 6, (T & D Construction Mobile Pace 2300m), Information A09961 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869(2) in that “S Abernethy (Mister Mighty) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”.
Mr Abernethy had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
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 Use of the Whip Regulation clause (b) reads: “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 Renault used the available films with the assistance of Mr Ydgren who identified MISTER MIGHTY racing, three back and one off. On the run home Mr Renault submitted that Mr Abernethy had used his whip on 13 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the Committee that Mr Abernethy had viewed the film and agreed with the Stewards as to the number of times that he used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Renault told the committee that Mr Abernethy had 317 drives last season and 303 drives this season. He had a clear record under this rule. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine.
Mr Abernethy was not present to make any submissions to the contrary.
reasonsforpenalty:
It is clear from the films that Mr Abernethy did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The Committee notes Mr Abernethy’s early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
penalty:
Mr Abernethy is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr S Abernethy - Licensed Open Horseman
Otherperson: Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: cfc371f6d8702167bd1ef6005b1447fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: af86f0b4274dad0e20aaa372e093fb96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/06/2018
meet_title: Marlborough HRC - 24 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC