Banks Peninsula TC 1 October 2017 – R 3 – Chair, Mr G Clapp

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startdate: 01/10/2017

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hearing_title: Banks Peninsula TC 1 October 2017 - R 3 - Chair, Mr G Clapp

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S W Wallis-Stipendiary Steward

Respondent: R D Close-Licensed Open Horseman

Information Number: A 09581

Meeting: Banks Peninsula Trotting Club

Date: 1 October 2017

Venue: Motukarara Racecourse, Motukarara

Race: 3

Rules: 869(2)

Judicial Committee: G J Clapp, Chairman, - R G McKenzie, Panellist

Plea: Admitted

Charge: Breach of Rule 869(2)-excessive use of the whip.

Evidence:

Following the running of Race 3, the Orange Homes 2005 Ltd Mobile Pace, an Information was filed by Stipendiary Steward Mr S W Wallis against Licensed Open Horseman Mr R D Close, alleging a breach of Rule 869(2) in that he used his whip excessively over the final 400m while driving KYLIE ANN.

Rule 869(2)( reads 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”.

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Wallis confirmed to the Committee that Mr Close had admitted the breach and that he did not wish to be present at the hearing.

Submissions For Decision:

Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Close driving KYLIE ANN turning for home when racing in contention running close to the rails via the Passing lane. Mr Wallis showed via the video replay Mr Close activate the removable gear. He then pointed out where Mr Close drew the whip and used it for 13 strikes free of the rein. These strikes were within the final 400m which is clearly outside the Whip Guideline maximum of 10.

Reasons For Decision:

As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Wallis stated that Mr Close’s driving record showed 24 drives to date this season, with 349 drives last season and 425, the season before. He said Mr Close has had a previous breach of the rule at Rangiora harness Racing Club on 7 May 2017. On that occasion he had his Open Horseman’s Licence suspended for 3 days. Mr Wallis also said that this breach of the rule falls within the 6-month reset period. He said that the breach falls within the mid to low end. He further said that Mr Close had admitted the breach at the first opportunity. Mr Wallis stated that the JCA Penalty Guide recommends a starting point for a second breach within six months a 3-5-day suspension for a breach of this rule. He said the Stipendiary Stewards would be asking for a 3-day suspension. There was no request on behalf of Mr Close for a deferment of any suspension imposed.

Reasons For Penalty:

The JCA Penalty Guide recommends a starting point of 3-5-day suspension for a breach of this rule. The Committee took into account Mr Close’s previous breach in May 2017. We therefore looked at a starting point of a 4-day suspension. We were then able to afford Mr Close 1-day discount for his early admission of the breach of the rule.

Penalty:

We therefore suspend Mr Close’s licence from conclusion of racing today, 1 October 2017 up to and including 12 October 2017. This includes meetings at Addington 6 October 2017, Timaru 8 October 2017 and Addington 12 2017.

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hearing_type: Old Hearing

Rules: 869(2)

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