Banks Peninsula TC 27 January 2019 – R 8 – Chair, Mr G Clapp
ID: JCA17861
Meet Title:
Banks Peninsula TC - 27 January 2019
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/01/27
Race Number:
R 8
Decision:
As the charge was admitted, the committee deemed the charge proved.
Penalty:
Mr Ross is fined $200.
Facts:
Following the running of Race 8 (Gary Cockram Isuzu Motukarara Pacers Cup Handicap Pace 2810m) Information A11364 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “G Ross (Clive) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Ross had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing. This was confirmed by Mr Renault.
Rule 869 (2) States: “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 Regulation clause (b) reads: “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 Renault used the available films. He identified CLIVE improving wide from the rear. In the run home Mr Renault submitted that Mr Ross had used his whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the committee that Mr Ross had viewed the film and agreed with the stewards as to the number of times that he used his whip.
Submissions for Penalty:
Mr Renault told the committee that Mr Ross has had 8 life time drives, and his second season as a graduation driver. He has had one previous breach of this rule on 29 July 2018, on that occasion he was fined $300. Mr Renault said that this breach of the rule occurred 2 days short of the re-set period. He believed a fine of $200 was appropriate. The committee agreed with Mr Renault. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine. Mr Ross was not present to make any submissions to the contrary.
Reasons for Penalty:
The Committee was prepared to accept that Mr Ross’ record was clear. The reset period of 6 months would have applied after 29 January, in two more days from this breach.
It is clear from the films that Mr Ross did use his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mr Ross’ early admission of the breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
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: f72f140dec61755a1a07c688dad62622
informantnumber: A11364
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 28/01/2019
hearing_title: Banks Peninsula TC 27 January 2019 - R 8 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 8 (Gary Cockram Isuzu Motukarara Pacers Cup Handicap Pace 2810m) Information A11364 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “G Ross (Clive) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Ross had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing. This was confirmed by Mr Renault.
Rule 869 (2) States: “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 Regulation clause (b) reads: “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 Renault used the available films. He identified CLIVE improving wide from the rear. In the run home Mr Renault submitted that Mr Ross had used his whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the committee that Mr Ross had viewed the film and agreed with the stewards as to the number of times that he used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
Mr Renault told the committee that Mr Ross has had 8 life time drives, and his second season as a graduation driver. He has had one previous breach of this rule on 29 July 2018, on that occasion he was fined $300. Mr Renault said that this breach of the rule occurred 2 days short of the re-set period. He believed a fine of $200 was appropriate. The committee agreed with Mr Renault. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine. Mr Ross was not present to make any submissions to the contrary.
reasonsforpenalty:
The Committee was prepared to accept that Mr Ross’ record was clear. The reset period of 6 months would have applied after 29 January, in two more days from this breach.
It is clear from the films that Mr Ross did use his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mr Ross’ early admission of the breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
penalty:
Mr Ross is fined $200.
hearing_type: Hearing
Rules: 869(2) and use of the whip Regulation (b)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr G L Ross - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0e9cad93034430e6a5b33bd6a71a3ccc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 259beec7964cc47bdf205a1243751f73
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2019
meet_title: Banks Peninsula TC - 27 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC