Banks Peninsula TC 29 January 2017 – R 2 – Chair, Mr R McKenzie
ID: JCA17517
Meet Title:
Banks Peninsula TC - 29 January 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/01/29
Race Number:
R2
Decision:
Mr Ward having admitted the breach, the charge was found proved.
Penalty:
Mr Ward was fined the sum of $300.
Facts:
Following the running of Race 2, Dakins Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Driver, Mr G T Ward, alleging that Mr Ward, as the driver of OLIVER QUEEN in the race, “used his whip in an excessive manner over the concluding stages”.
Mr Ward had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault advised the Committee that Mr Ward 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed a video replay of the final stages of the race. He pointed out Mr Ward, driving OLIVER QUEEN, racing four places back on the markers as the field approached the home turn. Stewards were alleging that Mr Ward had used his whip twelve times, free of the rein, in the final 400 metres of the race. The Committee noted that OLIVER QUEEN had finished in 4th placing.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Ward had only recently resumed driving. His record in the last 12 months was clear, he said. The Committee noted that Mr Ward has had 6 drives in the current season and, in the 2015/2016 season, had 3 drives. His most recent drive, prior to that, was in the 2010/2011 season. Mr Renault said that, having regard to Mr Ward’s record and his admission of the breach, Stewards were submitting that a fine of $300 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Ward’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
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: ec635e011c5808e4b704b19f36327dd6
informantnumber: A6273
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2017
hearing_title: Banks Peninsula TC 29 January 2017 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Dakins Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Driver, Mr G T Ward, alleging that Mr Ward, as the driver of OLIVER QUEEN in the race, “used his whip in an excessive manner over the concluding stages”.
Mr Ward had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Renault advised the Committee that Mr Ward 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed a video replay of the final stages of the race. He pointed out Mr Ward, driving OLIVER QUEEN, racing four places back on the markers as the field approached the home turn. Stewards were alleging that Mr Ward had used his whip twelve times, free of the rein, in the final 400 metres of the race. The Committee noted that OLIVER QUEEN had finished in 4th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Ward having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Ward had only recently resumed driving. His record in the last 12 months was clear, he said. The Committee noted that Mr Ward has had 6 drives in the current season and, in the 2015/2016 season, had 3 drives. His most recent drive, prior to that, was in the 2010/2011 season. Mr Renault said that, having regard to Mr Ward’s record and his admission of the breach, Stewards were submitting that a fine of $300 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Ward’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
penalty:
Mr Ward was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: G T Ward, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4d6aef0b1b3e53f7c49264d3bb79f93b
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: 0281723f7b7a6434f639873ef418cd7a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2017
meet_title: Banks Peninsula TC - 29 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC