Banks Peninsula TC 12 April 2015 – R 5
ID: JCA16891
Meet Title:
Banks Peninsula TC - 12 April 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/04/12
Race Number:
R5
Decision:
Mr Higgs having admitted the breach, the charge was found proved.
Penalty:
Mr Higgs was fined the sum of $200.
Facts:
Following the running of Race 5, Dakins Rent-A-Loo Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of ZENA MAC in the race, “used his whip excessively in the home straight”.
Mr Higgs had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Higgs did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed a video replay of the final 200-300 metres of the race. He pointed out Mr Higgs, driving ZENA MAC, move out to a 4-wide position after turning for home.
Mr Renault said that it was the allegation of the Stewards that Mr Higgs thereafter used his whip 20 times, free of the rein. Mr Renault said that there were some pauses but the number of strikes was, simply, too many. There were pauses earlier on but, in the latter stages of the run home, the strikes were continuous, he said.
The horse had hung in late and Mr Higgs has had to stop using the whip and straighten it. This may have resulted in fewer strikes than there might otherwise have been, Mr Renault said.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Higgs had resumed driving this season, having last driven in the 2012/2013 season. He has had 31 drives in the current season, before today’s meeting, and his record was clear. The breach was at the lower end of the scale, Mr Renault submitted. Having regard to Mr Higgs’ admission of the breach and his good record, a fine of $200 was an appropriate penalty, he submitted.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Higgs’ admission of the breach, his good record and the low-level nature of the breach.
Those factors warrant a discount from the Penalty Guide starting point of a $400 fine and we have fixed that discount at $200.
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.
hearingid: aeefd1d21f2dd8b5256d1eb938690afd
informantnumber: A4433
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2015
hearing_title: Banks Peninsula TC 12 April 2015 - R 5
charge:
facts:
Following the running of Race 5, Dakins Rent-A-Loo Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr W E Higgs, alleging that Mr Higgs, as the driver of ZENA MAC in the race, “used his whip excessively in the home straight”.
Mr Higgs had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Higgs did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed a video replay of the final 200-300 metres of the race. He pointed out Mr Higgs, driving ZENA MAC, move out to a 4-wide position after turning for home.
Mr Renault said that it was the allegation of the Stewards that Mr Higgs thereafter used his whip 20 times, free of the rein. Mr Renault said that there were some pauses but the number of strikes was, simply, too many. There were pauses earlier on but, in the latter stages of the run home, the strikes were continuous, he said.
The horse had hung in late and Mr Higgs has had to stop using the whip and straighten it. This may have resulted in fewer strikes than there might otherwise have been, Mr Renault said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Higgs having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Higgs had resumed driving this season, having last driven in the 2012/2013 season. He has had 31 drives in the current season, before today’s meeting, and his record was clear. The breach was at the lower end of the scale, Mr Renault submitted. Having regard to Mr Higgs’ admission of the breach and his good record, a fine of $200 was an appropriate penalty, he submitted.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Higgs’ admission of the breach, his good record and the low-level nature of the breach.
Those factors warrant a discount from the Penalty Guide starting point of a $400 fine and we have fixed that discount at $200.
penalty:
Mr Higgs was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: W E Higgs, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 87ff6b23c533063c18eac72713caad14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa2c0045a2711e6544014b95e060b67a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2015
meet_title: Banks Peninsula TC - 12 April 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC