Banks Peninsula TC 30 September 2018 – R 5 – Chair, Mr G Clapp
ID: JCA12973
Meet Title:
Banks Peninsula TC - 30 September 2018
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/09/30
Race Number:
R 5
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Houghton’s Horseman's Licence is therefore suspended from conclusion of racing on 5 October 2018, up to and including 14 October 2018. This includes meetings at Northern Southland 06/10/2018, Timaru 07/10/2018, Addington 21/10/2018, Gore 13/10/2018 and Methven 14/10/2018 (5 days).
Facts:
Following the running of Race 5 (Charteris Bay Handicap Trot) Information A10866 was filed by Stipendiary Steward, Mr S P Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) and clause (b) Use of the Whip Regulations in that “R Houghton (TAKE AFTER ME) used his whip on more occasions than permitted in Clause (b) of the use of the Whip Regulations”.
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 where he had Stipendiary Steward, Mrs Tibbs point out Mr Houghton driving TAKE AFTER ME. He was following the leader and took the passing lane. From the 250-metre mark he proceeded to use his whip on 13 occasions and was in breach of the rule, specifically clause (b) of the Use of the Whip Regulations.
Mr Houghton told the committee that he understood the rule and admitted the breach of the rule. He agreed with the Stewards as to the number of times that he had used his whip.
Submissions for Penalty:
Mr Renault told the committee that Mr Houghton had had 21 drives last season and 15 this season. He said that Mr Houghton has had two previous breaches of this rule in the past three months. These being at Rangiora on 22 July 2018. At that time, he was fined $500. He was suspended for four days at the Oamaru meeting held on 29 July 2018. Mr Renault submitted that when there is a second or subsequent breach of this rule within 6 months that the JCA Penalty Guide recommends a starting point of a suspension of 3 – 5-day suspension. Mr Renault said the Stewards believed that with the number of strikes totalling 13 this was at the lower end of the scale and that the Stewards would be seeking a 4-5-day suspension of Mr Houghton’s horseman’s licence.
Reasons for Penalty:
It is clear from the films that Mr Houghton did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The aggravating feature is that this is Mr Houghton’s third breach within 3 months. We believe that this aggravating feature warrants a term of suspension at the top of the Penalty Guide range of 3-5 days in the Regulations. We believe that a 5-days’ suspension is appropriate. Mr Houghton requested a deferment of penalty, which was granted.
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: 70294a636789039ac021e5322368e739
informantnumber: A10866
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/10/2018
hearing_title: Banks Peninsula TC 30 September 2018 - R 5 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 5 (Charteris Bay Handicap Trot) Information A10866 was filed by Stipendiary Steward, Mr S P Renault with the Judicial Committee. It alleged a breach of Rule 869 (2) and clause (b) Use of the Whip Regulations in that “R Houghton (TAKE AFTER ME) used his whip on more occasions than permitted in Clause (b) of the use of the Whip Regulations”.
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 where he had Stipendiary Steward, Mrs Tibbs point out Mr Houghton driving TAKE AFTER ME. He was following the leader and took the passing lane. From the 250-metre mark he proceeded to use his whip on 13 occasions and was in breach of the rule, specifically clause (b) of the Use of the Whip Regulations.
Mr Houghton told the committee that he understood the rule and admitted the breach of the rule. He agreed with the Stewards as to the number of times that he had 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 Houghton had had 21 drives last season and 15 this season. He said that Mr Houghton has had two previous breaches of this rule in the past three months. These being at Rangiora on 22 July 2018. At that time, he was fined $500. He was suspended for four days at the Oamaru meeting held on 29 July 2018. Mr Renault submitted that when there is a second or subsequent breach of this rule within 6 months that the JCA Penalty Guide recommends a starting point of a suspension of 3 – 5-day suspension. Mr Renault said the Stewards believed that with the number of strikes totalling 13 this was at the lower end of the scale and that the Stewards would be seeking a 4-5-day suspension of Mr Houghton’s horseman’s licence.
reasonsforpenalty:
It is clear from the films that Mr Houghton did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The aggravating feature is that this is Mr Houghton’s third breach within 3 months. We believe that this aggravating feature warrants a term of suspension at the top of the Penalty Guide range of 3-5 days in the Regulations. We believe that a 5-days’ suspension is appropriate. Mr Houghton requested a deferment of penalty, which was granted.
penalty:
Mr Houghton’s Horseman's Licence is therefore suspended from conclusion of racing on 5 October 2018, up to and including 14 October 2018. This includes meetings at Northern Southland 06/10/2018, Timaru 07/10/2018, Addington 21/10/2018, Gore 13/10/2018 and Methven 14/10/2018 (5 days).
hearing_type: Hearing
Rules: 869(2)(b)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr R L Houghton - Open Horseman
Otherperson: Mrs Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f6d54e5e8e1142a60aebd327cf04f66f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 36792b96dee3977cc246669b99d02b83
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2018
meet_title: Banks Peninsula TC - 30 September 2018
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