Cheviot HRC 5 March 2017 – R 2 – Chair, Mr R McKenzie
ID: JCA14213
Meet Title:
Cheviot HRC - 5 March 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/03/05
Race Number:
R2
Decision:
Mr Houghton having admitted the breach, the charge was found proved.
Penalty:
Mr Houghton’s Open Horseman’s licence is suspended from after the close of racing on 9 March 2017 up to and including 17 March 2017 – 3 days. The meetings intended to be encompassed by the period of the suspension are Westport on 10 March, Reefton on 12 March and Addington on 17 March.
Facts:
Following the running of Race 2, “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R L Houghton, alleging that Mr Houghton, as the driver of PORT HANOVER in the race, “used his whip in an excessive manner over the final 400 metres”.
Mr Houghton had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Houghton was present at the hearing of the information and he confirmed that he admitted the breach.
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 Houghton, driving PORT HANOVER, racing in the trail behind the leader as the field turned for home. Mr Houghton then entered the passing lane and, shortly thereafter commenced using his whip. Mr Renault alleged that Mr Houghton had used his whip twelve times, free of the rein, from that point. Mr Houghton accepted the number of strikes alleged by Mr Renault. The Committee noted that PORT HANOVER won the race.
Mr Houghton submitted that his use of the whip did not look excessive and he had broken up his whip use. He was well aware of the maximum of 10 strikes permitted but it was a “tight finish” and he was obliged to keep his horse “going”. He had to give it the “two extra” to keep the horse’s mind on the job, he said.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Houghton has had 66 drives in the current season to date and, in the 2015/2016 season, had a total of 84 drives. Mr Houghton had a previous breach of the Rule on 8 December 2016 for which he was fined $300. Mr Renault pointed out that the Penalty Guide provides a starting point of a 3-5 days suspension for a second breach of the Rule. Mr Renault said that, having regard to Mr Houghton’s record and his admission of the breach, Stewards were submitting that a 3 days suspension was appropriate.
Mr Houghton sought a deferment of any suspension until after the meeting of Forbury Park TC on 9 March next. He advised that he will have drives at that meeting.
Reasons for Penalty:
In determining penalty, the Committee took the starting point for a second breach of the Rule of a 3-5 days suspension 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. The sole mitigating factor was Mr Houghton’s admission of the breach, but the Committee was of the view that this did not warrant, in this case, a reduction of the Penalty Guide starting point of 3 days.
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: a8335971236a607b6c43bff28579bc9e
informantnumber: A6281
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/03/2017
hearing_title: Cheviot HRC 5 March 2017 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, “Donegal House” The Little Irish Pub Near Kaikoura Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R L Houghton, alleging that Mr Houghton, as the driver of PORT HANOVER in the race, “used his whip in an excessive manner over the final 400 metres”.
Mr Houghton had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Houghton was present at the hearing of the information and he confirmed that he admitted the breach.
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 Houghton, driving PORT HANOVER, racing in the trail behind the leader as the field turned for home. Mr Houghton then entered the passing lane and, shortly thereafter commenced using his whip. Mr Renault alleged that Mr Houghton had used his whip twelve times, free of the rein, from that point. Mr Houghton accepted the number of strikes alleged by Mr Renault. The Committee noted that PORT HANOVER won the race.
Mr Houghton submitted that his use of the whip did not look excessive and he had broken up his whip use. He was well aware of the maximum of 10 strikes permitted but it was a “tight finish” and he was obliged to keep his horse “going”. He had to give it the “two extra” to keep the horse’s mind on the job, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Houghton having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Houghton has had 66 drives in the current season to date and, in the 2015/2016 season, had a total of 84 drives. Mr Houghton had a previous breach of the Rule on 8 December 2016 for which he was fined $300. Mr Renault pointed out that the Penalty Guide provides a starting point of a 3-5 days suspension for a second breach of the Rule. Mr Renault said that, having regard to Mr Houghton’s record and his admission of the breach, Stewards were submitting that a 3 days suspension was appropriate.
Mr Houghton sought a deferment of any suspension until after the meeting of Forbury Park TC on 9 March next. He advised that he will have drives at that meeting.
reasonsforpenalty:
In determining penalty, the Committee took the starting point for a second breach of the Rule of a 3-5 days suspension 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. The sole mitigating factor was Mr Houghton’s admission of the breach, but the Committee was of the view that this did not warrant, in this case, a reduction of the Penalty Guide starting point of 3 days.
penalty:
Mr Houghton’s Open Horseman’s licence is suspended from after the close of racing on 9 March 2017 up to and including 17 March 2017 – 3 days. The meetings intended to be encompassed by the period of the suspension are Westport on 10 March, Reefton on 12 March and Addington on 17 March.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R L Houghton, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a487e1e67c1050556cc25cd5583e8cc
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: f7f0cf40f4fc52fe93cd03a79ad9a79a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2017
meet_title: Cheviot HRC - 5 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Cheviot HRC