Geraldine TC 3 February 2018 – R 3 – Chair, Mr R McKenzie
ID: JCA16917
Meet Title:
Geraldine TC - 3 February 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/02/03
Race Number:
R3
Decision:
Mr Reardon having admitted the breach, the charge was found proved.
Penalty:
Mr Reardon is fined the sum of $200.
Facts:
Following the running of Race 3, Timaru Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Horseman, Mr D S Reardon, alleging that, as the driver of DOC SELSTER in the race, he “used his whip in an excessive manner inside the final 400 metres”.
Mr Reardon had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated that he did not wish to be present at the hearing.
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.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Mr Reardon, driving DOC SEELSTER, the leading horse as the field entered the final straight. Upon entering the home straight, Mr Reardon gave the horse a number of “taps” with the rein in hand that, Mr Renault said, Stewards believed were not strikes. However, from about the 200 metres, Mr Renault alleged, Mr Reardon used his whip in a striking motion, with the rein in his hand, on approximately 12-13 occasions which count, he said, was accepted by Mr Reardon.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Reardon has had 6 drives to date this season as a Graduation Driver. Last season, he was the holder of an Advanced Amateur Driver’s licence.
Mr Reardon has a previous breach of the Rule on his record – he was fined $300 at NZ Metropolitan TC on 21 July 2017. However, this breach was outside the reset period of 6 months, Mr Renault said, and his record is deemed to be clear. Mr Reardon has had 6 drives since that breach.
Mr Renault suggested that a fine of $200 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.
JCA Decision Fields (raw)
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hearingid: b23c6a2955c85a469218cd013980fb3b
informantnumber: A10154
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/02/2018
hearing_title: Geraldine TC 3 February 2018 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Timaru Hire Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Graduation Horseman, Mr D S Reardon, alleging that, as the driver of DOC SELSTER in the race, he “used his whip in an excessive manner inside the final 400 metres”.
Mr Reardon had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated that he did not wish to be present at the hearing.
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.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Mr Reardon, driving DOC SEELSTER, the leading horse as the field entered the final straight. Upon entering the home straight, Mr Reardon gave the horse a number of “taps” with the rein in hand that, Mr Renault said, Stewards believed were not strikes. However, from about the 200 metres, Mr Renault alleged, Mr Reardon used his whip in a striking motion, with the rein in his hand, on approximately 12-13 occasions which count, he said, was accepted by Mr Reardon.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Reardon having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Reardon has had 6 drives to date this season as a Graduation Driver. Last season, he was the holder of an Advanced Amateur Driver’s licence.
Mr Reardon has a previous breach of the Rule on his record – he was fined $300 at NZ Metropolitan TC on 21 July 2017. However, this breach was outside the reset period of 6 months, Mr Renault said, and his record is deemed to be clear. Mr Reardon has had 6 drives since that breach.
Mr Renault suggested that a fine of $200 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.
penalty:
Mr Reardon is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) & The Use of Whip Regulations
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: D S Reardon, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 84e450db8fd2ee33d9c38fbf712a8b6e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bc2a2194ab3e4a5e3e6e6ea94ed7e35c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/02/2018
meet_title: Geraldine TC - 3 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Geraldine TC