Archive Decision

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Methven TC 16 September 2018 – R 4 (heard 23 September 2018 at Oamaru) – Chair, Prof G Hall

ID: JCA21203

Hearing Type:
Old Hearing

Rules:
869(2) and Whip Regulations

Hearing Type (Code):
harness-racing

Decision:

Informant: Mr S Renault, stipendiary steward

Respondent: Mr P Court, Open Horseman

Information No: A10854

Rule: 869(2) and Whip Regulations

Meeting: Methven TC R 4 (heard at Oamaru 23 September 2018)

Date: 16 September 2018

Race No: 4

Judicial Committee: Prof G Hall

Plea: Admitted

Charge: Excessive use of the whip

Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Court (MONGOLIAN SPEAR) in race 4 at the Methven TC meeting on 16 September last used his whip on more occasions inside the final 400 metres than is permitted by cl (b) of the Use of the Whip Regulations.

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 Court indicated on the information that he admitted the breach and did not wish to be present at the hearing.

Mr Court was racing in the trail as the field turned for home and took an inside run in the home straight. Mr Renault demonstrated on the videos that the respondent used his whip 12 times in the last 400 metres.

Decision:

As Mr Court has admitted the breach, it is found to be proved.

Submissions on Penalty:

Mr Renault produced the respondent’s record. Mr Court only drives infrequently. He had 3 drives last season, and has had 9 this season.

Reasons for Penalty:

The count for Mr Court is 12. Mr Renault tells us Mr Court agrees that this is the number. Mr Court has a clear record under this rule.

The Penalty Guide provides a $200 fine where the number of strikes is between 11 and 13 and the horseman has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Penalty:

Mr Court is fined the sum of $200.

Decision Date: 16/09/2018

Publish Date: 16/09/2018

JCA Decision Fields (raw)

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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.

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hearing_title: Methven TC 16 September 2018 - R 4 (heard 23 September 2018 at Oamaru) - Chair, Prof G Hall


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Decision:

Informant: Mr S Renault, stipendiary steward

Respondent: Mr P Court, Open Horseman

Information No: A10854

Rule: 869(2) and Whip Regulations

Meeting: Methven TC R 4 (heard at Oamaru 23 September 2018)

Date: 16 September 2018

Race No: 4

Judicial Committee: Prof G Hall

Plea: Admitted

Charge: Excessive use of the whip

Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Court (MONGOLIAN SPEAR) in race 4 at the Methven TC meeting on 16 September last used his whip on more occasions inside the final 400 metres than is permitted by cl (b) of the Use of the Whip Regulations.

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 Court indicated on the information that he admitted the breach and did not wish to be present at the hearing.

Mr Court was racing in the trail as the field turned for home and took an inside run in the home straight. Mr Renault demonstrated on the videos that the respondent used his whip 12 times in the last 400 metres.

Decision:

As Mr Court has admitted the breach, it is found to be proved.

Submissions on Penalty:

Mr Renault produced the respondent’s record. Mr Court only drives infrequently. He had 3 drives last season, and has had 9 this season.

Reasons for Penalty:

The count for Mr Court is 12. Mr Renault tells us Mr Court agrees that this is the number. Mr Court has a clear record under this rule.

The Penalty Guide provides a $200 fine where the number of strikes is between 11 and 13 and the horseman has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Penalty:

Mr Court is fined the sum of $200.


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Rules: 869(2) and Whip Regulations


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