Archive Decision

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Winton HRC 29 December 2014 – R 9

ID: JCA18028

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr T Robertson - Driver of RIGHTEOUS HONOUR

Information Number:
A4402

Hearing Type:
Hearing

New Charge:
Unnecessary excessive or improper whip use

Rules:
869(2)(A)

Plea:
admitted

Meet Title:
Winton HRC - 29 December 2014

Meet Chair:
NSkelt

Race Date:
2014/12/29

Race Number:
R 9

Decision:

As Mr Robertson has admitted the breach, it is thereby deemed proved.

Penalty:

Mr Robertson is suspended frOm race driving from the conclusion of racing Monday, 29 December 2014 up to and including the 13th January 2015. That period encompasses meetings at Omakau (2nd), Roxburgh (4th), Wyndham (6th), Wyndham (13th) January 2015.

As Mr Robertson had previously indicated he would not be driving at the Omakau or Roxburgh meetings, the penalty reflects a four drive suspension.

Facts:

At the conclusion of Race 9, the Central Southland Lodge Mobile Pace, an Information A 4402 was lodged by Stipendiary Steward, Mr S Renault alleging Mr T Robertson (RIGHTEOUS HONOUR) used his whip unnecessarily on RIGHTEOUS HONOUR when the horse was out of contention.

The Rule 869 (2) (A) “No horseman shall during any race, A) use his whip in an unnecessary excessive or improper manner.”

Mr Robertson admitted the breach and confirmed he understood the rule.

Stipendiary Steward, Mr Renault used the video films to highlight the incident showing RIGHTEOUS HONOUR at the 600 metres mark from the finishing line beginning to drift back and hold up the horses trailing behind.

At about the 300 metre mark Mr Robertson has given RIGHTEOUS HONOUR four backhand strikes with the whip and a further two normal strikes in the home straight. Mr Renault confirmed that RIGHTEOUS HONOUR finished in last position, 27.5 lengths from the winner.

Submissions for Penalty:

Stipendiary Steward, Mr Renault stated that Mr Robertson had no previous breaches of this rule, in the previous twelve months. Mr Robertson had six drives last season 2013/2014 and has had four drives this season from August 1 to today.

Mr Robertson requested he would prefer a suspension in this instance. Mr Robertson also stated that he would not be driving at the Omakau meeting on Jan 2 2015, or the Roxburgh meeting Jan 4, 2015.

Reasons for Penalty:

The JCA guidelines provide for a starting point penalty of a fine of $300, or suspension of licence for six drives.

It was noted that Mr Robertson had very limited opportunities and drives over the past two seasons and currently he and his father only have two horses in racing order.

To Mr Robertson’s credit he has admitted the breach at the earliest point and has also been very forthright in his up and coming driving commitments in the busy New Year circuit, resulting in a two drive reduction in penalty.

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: e4973f6317c7eececdf37e6191c648b1


informantnumber: A4402


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Unnecessary excessive or improper whip use


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2014


hearing_title: Winton HRC 29 December 2014 - R 9


charge:


facts:

At the conclusion of Race 9, the Central Southland Lodge Mobile Pace, an Information A 4402 was lodged by Stipendiary Steward, Mr S Renault alleging Mr T Robertson (RIGHTEOUS HONOUR) used his whip unnecessarily on RIGHTEOUS HONOUR when the horse was out of contention.

The Rule 869 (2) (A) “No horseman shall during any race, A) use his whip in an unnecessary excessive or improper manner.”

Mr Robertson admitted the breach and confirmed he understood the rule.

Stipendiary Steward, Mr Renault used the video films to highlight the incident showing RIGHTEOUS HONOUR at the 600 metres mark from the finishing line beginning to drift back and hold up the horses trailing behind.

At about the 300 metre mark Mr Robertson has given RIGHTEOUS HONOUR four backhand strikes with the whip and a further two normal strikes in the home straight. Mr Renault confirmed that RIGHTEOUS HONOUR finished in last position, 27.5 lengths from the winner.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Robertson has admitted the breach, it is thereby deemed proved.


sumissionsforpenalty:

Stipendiary Steward, Mr Renault stated that Mr Robertson had no previous breaches of this rule, in the previous twelve months. Mr Robertson had six drives last season 2013/2014 and has had four drives this season from August 1 to today.

Mr Robertson requested he would prefer a suspension in this instance. Mr Robertson also stated that he would not be driving at the Omakau meeting on Jan 2 2015, or the Roxburgh meeting Jan 4, 2015.


reasonsforpenalty:

The JCA guidelines provide for a starting point penalty of a fine of $300, or suspension of licence for six drives.

It was noted that Mr Robertson had very limited opportunities and drives over the past two seasons and currently he and his father only have two horses in racing order.

To Mr Robertson’s credit he has admitted the breach at the earliest point and has also been very forthright in his up and coming driving commitments in the busy New Year circuit, resulting in a two drive reduction in penalty.


penalty:

Mr Robertson is suspended frOm race driving from the conclusion of racing Monday, 29 December 2014 up to and including the 13th January 2015. That period encompasses meetings at Omakau (2nd), Roxburgh (4th), Wyndham (6th), Wyndham (13th) January 2015.

As Mr Robertson had previously indicated he would not be driving at the Omakau or Roxburgh meetings, the penalty reflects a four drive suspension.


hearing_type: Hearing


Rules: 869(2)(A)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr T Robertson - Driver of RIGHTEOUS HONOUR


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e6c82fc2dc29d635ed174bcd2cad9600


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


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race_chair:


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race_pm2:


meetid: df4d0e101410b81ce8cf204a00a3eafc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2014


meet_title: Winton HRC - 29 December 2014


meet_expappcomment:


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tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Winton HRC