Westport TC 28 December 2017 – R 9 – Chair, Mr G Clapp
ID: JCA19383
Hearing Type (Code):
harness-racing
Meet Title:
Westport TC - 28 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/28
Race Number:
R 9
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault, Stipendiary Steward
Respondent: Mr J Markham, Junior Driver
Information No: A09638
Meeting: Westport Trotting Club
Date: 28 December 2017
Venue: Patterson Park Raceway, Westport
Race: 9
Rule No: 869 (2)
Judicial Committee: Mr GJ Clapp, Chairman – Mr RG McKenzie, Committee Member
Facts:
Following the running of Race 9, Club Buller Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Junior Driver, Mr J Markham, alleging that, as the driver of MIDFREW TARPEDIEM in the race, Mr Markham “used his whip excessively over the final 400 metres”.
Mr Markham is a Junior Driver and had Mr CJ Markham, Open Horseman assisting him.
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 Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Submissions for Decision:
Mr Renault showed a video replay of the final 400 metres of the race. He had Mr Wallis point out MIDFREW TARPEDIEM, driven by Mr Markham, placed 3 wide and 1 back on the final bend. He pulled out just inside the 200-metre mark and came down the outside of the track. He counted Mr Markham strike the horse on 15 separate occasions.
Mr Markham accepted the number of strikes in the final 400 metres was 15.
The committee also agreed with that count.
Decision:
Mr Markham having admitted the charge; therefore, the charge was found proved.
Submissions on Penalty:
Mr Renault said that Mr Markham is a Junior Driver, in which he had 55 drives last season and 27 this season. His record indicates that at Rangiora Harness meeting scheduled for 7 July 2017 but postponed until 9 July 2017, Mr Markham received a 3-day suspension for a similar breach of this rule.
Mr Renault referred to the JCA Penalty Guide starting point for a second breach of the rule within a 6-month period is a 3-5-day suspension. Mr Renault believed that a suspension of 4 days was appropriate.
Reason for Penalty:
In deciding on penalty, the Committee took the starting point of a 4-day suspension. An aggravating factor was the number of strikes that Mr Markham used. So, we therefore lifted the starting point by 1 day to 5 days suspension. We then took into account Mr Markham’s early admission of the breach and gave him a discount of 1 day bringing the suspension back to 4-days. Mr Markham did seek a deferment until after the Reefton Trotting Clubs meeting on 30 December 2017.
Penalty:
Mr Markham’s Junior Horseman’s licence is suspended from the conclusion of racing at Reefton Saturday 30 December 2017, up to and including 12 January 2018. This being Timaru 5 January 2018, Rangiora 7 January 2018, Oamaru 10 January 2018 and Nelson 12 January 2018.
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: 492aad5f8379a337fe6fa80b02d5719b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/12/2017
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Westport TC 28 December 2017 - R 9 - Chair, Mr G Clapp
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault, Stipendiary Steward
Respondent: Mr J Markham, Junior Driver
Information No: A09638
Meeting: Westport Trotting Club
Date: 28 December 2017
Venue: Patterson Park Raceway, Westport
Race: 9
Rule No: 869 (2)
Judicial Committee: Mr GJ Clapp, Chairman – Mr RG McKenzie, Committee Member
Facts:
Following the running of Race 9, Club Buller Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Junior Driver, Mr J Markham, alleging that, as the driver of MIDFREW TARPEDIEM in the race, Mr Markham “used his whip excessively over the final 400 metres”.
Mr Markham is a Junior Driver and had Mr CJ Markham, Open Horseman assisting him.
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 Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Submissions for Decision:
Mr Renault showed a video replay of the final 400 metres of the race. He had Mr Wallis point out MIDFREW TARPEDIEM, driven by Mr Markham, placed 3 wide and 1 back on the final bend. He pulled out just inside the 200-metre mark and came down the outside of the track. He counted Mr Markham strike the horse on 15 separate occasions.
Mr Markham accepted the number of strikes in the final 400 metres was 15.
The committee also agreed with that count.
Decision:
Mr Markham having admitted the charge; therefore, the charge was found proved.
Submissions on Penalty:
Mr Renault said that Mr Markham is a Junior Driver, in which he had 55 drives last season and 27 this season. His record indicates that at Rangiora Harness meeting scheduled for 7 July 2017 but postponed until 9 July 2017, Mr Markham received a 3-day suspension for a similar breach of this rule.
Mr Renault referred to the JCA Penalty Guide starting point for a second breach of the rule within a 6-month period is a 3-5-day suspension. Mr Renault believed that a suspension of 4 days was appropriate.
Reason for Penalty:
In deciding on penalty, the Committee took the starting point of a 4-day suspension. An aggravating factor was the number of strikes that Mr Markham used. So, we therefore lifted the starting point by 1 day to 5 days suspension. We then took into account Mr Markham’s early admission of the breach and gave him a discount of 1 day bringing the suspension back to 4-days. Mr Markham did seek a deferment until after the Reefton Trotting Clubs meeting on 30 December 2017.
Penalty:
Mr Markham’s Junior Horseman’s licence is suspended from the conclusion of racing at Reefton Saturday 30 December 2017, up to and including 12 January 2018. This being Timaru 5 January 2018, Rangiora 7 January 2018, Oamaru 10 January 2018 and Nelson 12 January 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 585efc4e77bd9ab256299a54896d049c
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race_title: R 9
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meet_title: Westport TC - 28 December 2017
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