Forbury Park TC 2 September 2018 – R 3 – Chair, Prof G Hall
ID: JCA15892
Meet Title:
Forbury Park TC - 2 September 2018
Meet Chair:
GHall
Race Date:
2018/09/02
Race Number:
R 3
Decision:
As Mr Armour has admitted the breach, it is found to be proved.
Penalty:
Mr Armour is fined the sum of $300.
Facts:
Mr Munro, Stipendiary Steward, alleged that Mr Armour used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive HAPPY STYX in race 3, the FORBURY PARK SPORTS BAR MOBILE PACE.
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 the Whip Regulations 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.
Mr Armour admitted the breach and was present at the hearing.
Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Armour was three back on the fence approaching the 400 metres. After activating gear, Mr Armour used his whip 15 times in the last 400 metres. Mr Munro said the hits were continuous until the 60 metres.
Mr Armour stated that he had tried to break the strikes up and said there was the odd pause. It was not just “bang, bang, bang”.
Submissions for Penalty:
Mr Munro produced the respondent’s record. Mr Armour has had 4 drives this season, 43 drives last season, and 12 the season before. Mr Armour has a clear record under this rule.
Mr Munro submitted a fine of $300 was appropriate.
Mr Armour requested that the Committee consider a fine and a suspension.
Mr Munro replied that the RIU would oppose a split penalty and that the appropriate penalty was a fine.
Reasons for Penalty:
The count for Mr Armour is 15. He agrees that this is the number. There is some attempt to break up the strikes rounding the bend, but otherwise the strikes are continuous until the 60 metres.
The Penalty Guide provides for a $300 fine where the number of strikes is between 14 and 16 (mid-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.
Mr Armour was informed unless there were exceptional circumstances, in the interests of consistency, the penalty for a first breach was a fine in the amount indicated by the guidelines. Mr Armour acknowledged that other than the family having one income as his wife was on maternity leave, there were none.
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: e183e077c866161185620a4258ca44bc
informantnumber: A10538
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/09/2018
hearing_title: Forbury Park TC 2 September 2018 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr Munro, Stipendiary Steward, alleged that Mr Armour used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive HAPPY STYX in race 3, the FORBURY PARK SPORTS BAR MOBILE PACE.
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 the Whip Regulations 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.
Mr Armour admitted the breach and was present at the hearing.
Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Armour was three back on the fence approaching the 400 metres. After activating gear, Mr Armour used his whip 15 times in the last 400 metres. Mr Munro said the hits were continuous until the 60 metres.
Mr Armour stated that he had tried to break the strikes up and said there was the odd pause. It was not just “bang, bang, bang”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Armour has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. Mr Armour has had 4 drives this season, 43 drives last season, and 12 the season before. Mr Armour has a clear record under this rule.
Mr Munro submitted a fine of $300 was appropriate.
Mr Armour requested that the Committee consider a fine and a suspension.
Mr Munro replied that the RIU would oppose a split penalty and that the appropriate penalty was a fine.
reasonsforpenalty:
The count for Mr Armour is 15. He agrees that this is the number. There is some attempt to break up the strikes rounding the bend, but otherwise the strikes are continuous until the 60 metres.
The Penalty Guide provides for a $300 fine where the number of strikes is between 14 and 16 (mid-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.
Mr Armour was informed unless there were exceptional circumstances, in the interests of consistency, the penalty for a first breach was a fine in the amount indicated by the guidelines. Mr Armour acknowledged that other than the family having one income as his wife was on maternity leave, there were none.
penalty:
Mr Armour is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulation
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr A Armour - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 89e84bd4bc8ebf51cab63c3309b86210
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 31d51c422ba090a63b980ab900de0a97
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/09/2018
meet_title: Forbury Park TC - 2 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC