Archive Decision

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Banks Peninsula TC 28 January 2018 – R 2 – Chair, Mr S Ching

ID: JCA11033

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr R Cameron - Licensed Open Horseman

Information Number:
A09892

Hearing Type:
Hearing

New Charge:
Excessive use of the whip.

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 28 January 2018

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2018/01/28

Race Number:
R2

Decision:

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

Penalty:

Accordingly, Mr Cameron is suspended from 7 February to 23 February 2018 inclusive. The days encompassed in this period of suspension are Hororata on 11 February, Addington on 16 February, Oamaru on 17 February, Waikouaiti on 22 February and Addington on 23 February 2018.

Facts:

Following the running of Race 2, the Norjo Motorcycles/Jemmetts Power Tools Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr R Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the final 400m.

Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

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 Cameron had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Cameron also confirmed that he understood the rule he was being charged with.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving IT’S A DEAL, turning for home in a 4-wide position outside the leaders, inside the 400m, when racing midfield and midtrack. Mr Renault said that after passing the 400m, Mr Cameron drew the whip and struck IT’S A DEAL, 11 times freehand over the concluding stages. He stated that the force was mid-range, but the breach was low level due to being just over the limit of 10.

Mr Cameron stated that he agreed with the number of strikes being 11. He also stated that he had misjudged the number of strikes.

Submissions for Penalty:

Mr Renault stated that Mr Cameron’s driving statistics showed he had driven on 19 occasions to date this season with 39 last season, which was his first driving season. He stated that the JCA Penalty Guide provided a starting point of a 3-day suspension for a 2nd and subsequent breach of this rule within a 6- month period. Mr Renault stated that Mr Cameron had a poor record in regard to this rule, which showed a $200 fine at Oamaru on 10 January for 12 strikes and a 3-day suspension at Blenheim on 21 January for 11 strikes. Mr Renault stated that Mr Cameron’s record was an aggravating factor and taking into consideration his admission of the breach, submitted that a 5- day suspension be considered as penalty.

Mr Renault also informed the Committee that Mr Cameron was on a deferment for the 3-day Blenheim suspension which ended after todays meeting and that he was suspended from 29 January until 6 February inclusive.

Mr Cameron made no submissions in regard to penalty.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension for a 2nd and subsequent breach of this rule with a 6-month period. This is Mr Cameron’s 3rd breach within a month which we determined was an aggravating factor and warranted an uplift in penalty which we set at 3 days. We were however able to afford Mr Cameron a discount for his admission of the breach which we set at 1 day. We therefore determined that a 5-day suspension was an appropriate penalty in this case.

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: 1167e6461652bb7cc7bb7992354874b2


informantnumber: A09892


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip.


plea: admitted


penaltyrequired: 1


decisiondate: 29/01/2018


hearing_title: Banks Peninsula TC 28 January 2018 - R 2 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 2, the Norjo Motorcycles/Jemmetts Power Tools Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr R Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the final 400m.

Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

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 Cameron had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Cameron also confirmed that he understood the rule he was being charged with.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving IT’S A DEAL, turning for home in a 4-wide position outside the leaders, inside the 400m, when racing midfield and midtrack. Mr Renault said that after passing the 400m, Mr Cameron drew the whip and struck IT’S A DEAL, 11 times freehand over the concluding stages. He stated that the force was mid-range, but the breach was low level due to being just over the limit of 10.

Mr Cameron stated that he agreed with the number of strikes being 11. He also stated that he had misjudged the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault stated that Mr Cameron’s driving statistics showed he had driven on 19 occasions to date this season with 39 last season, which was his first driving season. He stated that the JCA Penalty Guide provided a starting point of a 3-day suspension for a 2nd and subsequent breach of this rule within a 6- month period. Mr Renault stated that Mr Cameron had a poor record in regard to this rule, which showed a $200 fine at Oamaru on 10 January for 12 strikes and a 3-day suspension at Blenheim on 21 January for 11 strikes. Mr Renault stated that Mr Cameron’s record was an aggravating factor and taking into consideration his admission of the breach, submitted that a 5- day suspension be considered as penalty.

Mr Renault also informed the Committee that Mr Cameron was on a deferment for the 3-day Blenheim suspension which ended after todays meeting and that he was suspended from 29 January until 6 February inclusive.

Mr Cameron made no submissions in regard to penalty.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension for a 2nd and subsequent breach of this rule with a 6-month period. This is Mr Cameron’s 3rd breach within a month which we determined was an aggravating factor and warranted an uplift in penalty which we set at 3 days. We were however able to afford Mr Cameron a discount for his admission of the breach which we set at 1 day. We therefore determined that a 5-day suspension was an appropriate penalty in this case.


penalty:

Accordingly, Mr Cameron is suspended from 7 February to 23 February 2018 inclusive. The days encompassed in this period of suspension are Hororata on 11 February, Addington on 16 February, Oamaru on 17 February, Waikouaiti on 22 February and Addington on 23 February 2018.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr R Cameron - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b828ed700bf1f6047c9db01d4e2539cd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 83ceb61f78402aa4206b17c28dbe0ad9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2018


meet_title: Banks Peninsula TC - 28 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula TC