Banks Peninsula TC 29 December 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA17806
Meet Title:
Banks Peninsula TC - 29 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Meet Committee Member 2:
OJarvis
Race Date:
2018/12/29
Race Number:
R1
Decision:
Mr Hunt having admitted the breach, the charge was found proved.
Penalty:
Mr Hunt is fined the sum of $500.
Facts:
Following the running of Race 1, Phil Murfitt Orthodontist Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Graduation Driver, Mr GW Hunt, alleging that, as the driver of FOREIGNER in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr Hunt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) 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.
Mrs C Tibbs, Stipendiary Steward, showed video replays of the final 400 metres of the race. She pointed out FOREIGNER driven by Mr Hunt, in the middle of runners and near the lead as the field entered the final straight. The allegation of the Stewards was that Mr Hunt had used his whip in a striking motion on 18 occasions from that point to the finishing line. This did not include two “flicks” early on, Mrs Tibbs said.
The Committee noted that FOREIGNER finished in 3rd placing in the race.
Mr Ydgren said that Mr Hunt had accepted the alleged count.
Submissions for Penalty:
Mrs Tibbs told the Committee that Mr Hunt had a clear record under the Rule in the last 12 months. She referred to the Penalty Guide in the Regulations which provides for a fine of $500 for a number of strikes in the 17-plus range. She said that Stewards were seeking a fine of that amount.
Reasons for Penalty:
Mr Hunt has a clear record and has admitted the breach. The Committee noted the Stewards allegation that Mr Hunt had used his whip in a striking motion 18 times and we were told that Mr Hunt had accepted that count. Our own observation of the video replay confirmed that count. A breach involving a number of strikes totalling 17 or more calls for a fine of $500 in terms of the Penalty Guide as submitted by Mrs Tibbs. There are no aggravating factors and while there are mitigating factors – Mr Hunt’s clear record and admission of the breach – these are unexceptional and we give no discount for them.
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: ef61619485f701fbb5367c2ad5b9a76d
informantnumber: A12422
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2018
hearing_title: Banks Peninsula TC 29 December 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Phil Murfitt Orthodontist Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Graduation Driver, Mr GW Hunt, alleging that, as the driver of FOREIGNER in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr Hunt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) 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.
Mrs C Tibbs, Stipendiary Steward, showed video replays of the final 400 metres of the race. She pointed out FOREIGNER driven by Mr Hunt, in the middle of runners and near the lead as the field entered the final straight. The allegation of the Stewards was that Mr Hunt had used his whip in a striking motion on 18 occasions from that point to the finishing line. This did not include two “flicks” early on, Mrs Tibbs said.
The Committee noted that FOREIGNER finished in 3rd placing in the race.
Mr Ydgren said that Mr Hunt had accepted the alleged count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hunt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mrs Tibbs told the Committee that Mr Hunt had a clear record under the Rule in the last 12 months. She referred to the Penalty Guide in the Regulations which provides for a fine of $500 for a number of strikes in the 17-plus range. She said that Stewards were seeking a fine of that amount.
reasonsforpenalty:
Mr Hunt has a clear record and has admitted the breach. The Committee noted the Stewards allegation that Mr Hunt had used his whip in a striking motion 18 times and we were told that Mr Hunt had accepted that count. Our own observation of the video replay confirmed that count. A breach involving a number of strikes totalling 17 or more calls for a fine of $500 in terms of the Penalty Guide as submitted by Mrs Tibbs. There are no aggravating factors and while there are mitigating factors – Mr Hunt’s clear record and admission of the breach – these are unexceptional and we give no discount for them.
penalty:
Mr Hunt is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2)(a) & Use of the Whip Regulations
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr GW Hunt - Licensed Graduation Driver
Otherperson: Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bc9899fae22787de2295c5dfb79bed25
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bfc6822d36438167dc57d81233499b4f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2018
meet_title: Banks Peninsula TC - 29 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: OJarvis
name: Banks Peninsula TC