Adjourned Hearing RIU v K Barron 29 January 2021 – R 10 (heard 4 February 2021 at Addington) – Chair, Mr R McKenzie
ID: JCA19774
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 29 January 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2021/01/29
Race Number:
R10
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault, Stipendiary Steward
Respondent: Mr KM Barron, Licensed Open Driver
Information No: A13637
Meeting: New Zealand Metropolitan Trotting Club
Date: 29 January 2021 (heard 4 February 2021 at Addington)
Venue: Addington Raceway, Christchurch
Race: 10
Rule No: 869 (2) & Whip & Rein Regulations
Judicial Committee: R G McKenzie, Chair
Plea: Admitted
FACTS:
Following the running of Race 10, SBSR – Selling at NZBS Sale 15, 16, 17 February Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr KM Barron, alleging that, as the driver of BETTOR GRUNTER in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
The Information was filed with the Judicial Committee on racenight and adjourned. It was served on Mr Barron at the race meeting of New Zealand Metropolitan TC at Addington Raceway on 4 February 2021 and heard at that meeting.
Mr Barron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at which he was present.
The Whip and Rein Regulations provide as follows:
3.1-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
-3.2-For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1-Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2-The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3-Not applying the whip with overt force.
-3.3-A driver shall not use a whip in an unapproved manner.
-3.4-For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1-If the whip is applied other than as permitted in clause 3.1.
SUBMISSIONS:
Mr Renault showed to the hearing a video replay of the final 200-300 metres of the race. He pointed out BETTOR GRUNTER, driven by Mr Barron, leading the field turning into the home straight. He showed that, from the 150 metres, Mr Barron used his whip in more than a wrist flicking motion on three different occasions to the finishing line in breach of Clause 3.1 of the Regulations.
Mr Barron did not wish to make any submissions in relation to the breach
DECISION:
Mr Barron having admitted the breach, it was found proved.
PENALTY SUBMISSIONS:
Mr Renault said that Mr Barron has had 47 drives to date in the current season and had 33 drives last season. Since the new Regulations came into force, Mr Barron has been spoken to on four occasions regarding using his whip in more than a wrist flicking motion and, for that reason, he has been charged with a breach on this occasion, Mr Renault said.
The breach was in the low-range, Mr Renault submitted. Mr Barron did revert to a compliant manner of driving and pushed the horse, he said. Stewards considered that a fine of $200 was appropriate, being the starting point under the Penalty Guide for a low-level breach.
Mr Barron did not wish to make any submissions in relation to penalty.
REASONS FOR PENALTY:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Low-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style of driving.
The Committee was satisfied that Mr Barron’s whip use was low-level in terms of the Regulations. The three non-compliant strikes were delivered some distance from the finish, over a short distance, and were broken up. In between those strikes and following them, Mr Barron drove in a compliant manner.
There were no relevant aggravating or mitigating factors, thus the $200 fine prescribed in the Penalty Guide was the appropriate penalty on this occasion.
PENALTY:
Mr Barron was fined the sum of $200.
R G McKenzie
CHAIR
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: 6bc430e67807497232b67b34eacf5fdb
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/01/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned Hearing RIU v K Barron 29 January 2021 - R 10 (heard 4 February 2021 at Addington) - Chair, Mr R McKenzie
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault, Stipendiary Steward
Respondent: Mr KM Barron, Licensed Open Driver
Information No: A13637
Meeting: New Zealand Metropolitan Trotting Club
Date: 29 January 2021 (heard 4 February 2021 at Addington)
Venue: Addington Raceway, Christchurch
Race: 10
Rule No: 869 (2) & Whip & Rein Regulations
Judicial Committee: R G McKenzie, Chair
Plea: Admitted
FACTS:
Following the running of Race 10, SBSR – Selling at NZBS Sale 15, 16, 17 February Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr KM Barron, alleging that, as the driver of BETTOR GRUNTER in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
The Information was filed with the Judicial Committee on racenight and adjourned. It was served on Mr Barron at the race meeting of New Zealand Metropolitan TC at Addington Raceway on 4 February 2021 and heard at that meeting.
Mr Barron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at which he was present.
The Whip and Rein Regulations provide as follows:
3.1-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
-3.2-For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1-Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2-The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3-Not applying the whip with overt force.
-3.3-A driver shall not use a whip in an unapproved manner.
-3.4-For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1-If the whip is applied other than as permitted in clause 3.1.
SUBMISSIONS:
Mr Renault showed to the hearing a video replay of the final 200-300 metres of the race. He pointed out BETTOR GRUNTER, driven by Mr Barron, leading the field turning into the home straight. He showed that, from the 150 metres, Mr Barron used his whip in more than a wrist flicking motion on three different occasions to the finishing line in breach of Clause 3.1 of the Regulations.
Mr Barron did not wish to make any submissions in relation to the breach
DECISION:
Mr Barron having admitted the breach, it was found proved.
PENALTY SUBMISSIONS:
Mr Renault said that Mr Barron has had 47 drives to date in the current season and had 33 drives last season. Since the new Regulations came into force, Mr Barron has been spoken to on four occasions regarding using his whip in more than a wrist flicking motion and, for that reason, he has been charged with a breach on this occasion, Mr Renault said.
The breach was in the low-range, Mr Renault submitted. Mr Barron did revert to a compliant manner of driving and pushed the horse, he said. Stewards considered that a fine of $200 was appropriate, being the starting point under the Penalty Guide for a low-level breach.
Mr Barron did not wish to make any submissions in relation to penalty.
REASONS FOR PENALTY:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Low-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style of driving.
The Committee was satisfied that Mr Barron’s whip use was low-level in terms of the Regulations. The three non-compliant strikes were delivered some distance from the finish, over a short distance, and were broken up. In between those strikes and following them, Mr Barron drove in a compliant manner.
There were no relevant aggravating or mitigating factors, thus the $200 fine prescribed in the Penalty Guide was the appropriate penalty on this occasion.
PENALTY:
Mr Barron was fined the sum of $200.
R G McKenzie
CHAIR
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Whip and Rein Regulations
Informant:
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Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 73184cb4090c720bf6e4a90ee09f0d81
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meet_title: NZ Metro TC - 29 January 2021
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