HR Waikato 7 March 2017 – R 5 – Chair, Mr A Godsalve
ID: JCA15493
Meet Title:
Harness Racing Waikato - 7 March 2017
Meet Chair:
AGodsalve
Race Date:
2017/03/07
Race Number:
R5
Decision:
As Mr Argue has admitted the breach the charge is proved.
Penalty:
Accordingly we impose a fine of $200 on Mr Argue.
Facts:
Following the running of Race 5, the GARRARDS HORSE AND HOUND HANDICAP TROT, Mr Mulcay presented an Information alleging that Junior Driver Mr R Argue, driving PRECIOUS MOMENT had used his whip outside the confines of the sulky in the run home when appearing to attempt to strike the near side sulky wheel.
Mr Argue, assisted by Mr S Argue, was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 869(2)(c) provides that ' No horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat'.
The Use of the whip Guidelines effective from 1 December 2016 state that:
Improper use of the whip includes:
869(2)(c)-project his whip outside the sulky or draw his whip further back than the sulky seat
This includes the horseman striking the wheel discs.
Mr R Argue acknowledged that he was aware of the Guidelines which had been set in consultation with the Racing Integrity Unit and NZ Harness Racing and Trainers & Drivers Association.
As background to this charge, PRECIOUS MOMENT which had been well supported by punters, had at the start of the race been charged into by another breaking horse. As a result PRECIOUS MOMENT lost approximately 100 metres and appeared to lose all chance. However Mr Argue persevered with the mare and as the field entered the home straight he was in 4th position.
Using the available films Mr Mulcay demonstrated that PRECIOUS MOMENT had been in 4th place in a one by one position as the field neared the 100 metres marker. Mr Argue's whip use until that point was not a cause for concern, however he had then attempted to strike the near side sulky disc with his whip. This took place several times. Mr Mulcay referred to the Guidelines referred to and stated that the Stewards would not condone that behaviour in a race.
Mr S Argue acknowledged that what Mr Mulcay said was correct, however he added that Mr R Argue was only trying to make some noise by hitting the sulky wheel as he wanted to keep PRECIOUS MOMENT 'going' so she maintained her 4th position. He added that the driver was not attempting to use his whip on the actual horse in an improper manner.
Submissions for Penalty:
Mr Mulcay stated that it was to Mr Argue's credit that he had admitted this breach in the first instance. He added that he had a clear record under the particular Rule and Guideline. Mr Mulcay added that the JCA Penalty Guide provided a starting point of a 4 drive suspension or a $200 fine and that the Stewards submitted that a fine of $200 was an appropriate penalty.
Neither Mr S Argue or Mr R Argue had any comment to make on penalty.
Reasons for Penalty:
The Committee confirms that the JCA Penalty Guide provides a 4 drive suspension or a $200 fine for a breach of this Rule. We agree that it is to Mr Argue's credit that he admitted the breach and that he has a clear record under these Rules and Guidelines. We do not believe he was attempting to gain any real advantage by using his whip in this manner and agree that the circumstances surrounding the start of the race were unfortunate for PRECIOUS MOMENT and her connections. Mr Argue is a Junior Driver who has had some success and we do not wish to deter him from his driving, however consider that a fine has to be imposed for this breach.
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: 9aac7927c8ba491a4426ddeb4734d2fe
informantnumber: A3750
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using whip improperly
plea: admitted
penaltyrequired: 1
decisiondate: 08/03/2017
hearing_title: HR Waikato 7 March 2017 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the GARRARDS HORSE AND HOUND HANDICAP TROT, Mr Mulcay presented an Information alleging that Junior Driver Mr R Argue, driving PRECIOUS MOMENT had used his whip outside the confines of the sulky in the run home when appearing to attempt to strike the near side sulky wheel.
Mr Argue, assisted by Mr S Argue, was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 869(2)(c) provides that ' No horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat'.
The Use of the whip Guidelines effective from 1 December 2016 state that:
Improper use of the whip includes:
869(2)(c)-project his whip outside the sulky or draw his whip further back than the sulky seat
This includes the horseman striking the wheel discs.
Mr R Argue acknowledged that he was aware of the Guidelines which had been set in consultation with the Racing Integrity Unit and NZ Harness Racing and Trainers & Drivers Association.
As background to this charge, PRECIOUS MOMENT which had been well supported by punters, had at the start of the race been charged into by another breaking horse. As a result PRECIOUS MOMENT lost approximately 100 metres and appeared to lose all chance. However Mr Argue persevered with the mare and as the field entered the home straight he was in 4th position.
Using the available films Mr Mulcay demonstrated that PRECIOUS MOMENT had been in 4th place in a one by one position as the field neared the 100 metres marker. Mr Argue's whip use until that point was not a cause for concern, however he had then attempted to strike the near side sulky disc with his whip. This took place several times. Mr Mulcay referred to the Guidelines referred to and stated that the Stewards would not condone that behaviour in a race.
Mr S Argue acknowledged that what Mr Mulcay said was correct, however he added that Mr R Argue was only trying to make some noise by hitting the sulky wheel as he wanted to keep PRECIOUS MOMENT 'going' so she maintained her 4th position. He added that the driver was not attempting to use his whip on the actual horse in an improper manner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Argue has admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Mulcay stated that it was to Mr Argue's credit that he had admitted this breach in the first instance. He added that he had a clear record under the particular Rule and Guideline. Mr Mulcay added that the JCA Penalty Guide provided a starting point of a 4 drive suspension or a $200 fine and that the Stewards submitted that a fine of $200 was an appropriate penalty.
Neither Mr S Argue or Mr R Argue had any comment to make on penalty.
reasonsforpenalty:
The Committee confirms that the JCA Penalty Guide provides a 4 drive suspension or a $200 fine for a breach of this Rule. We agree that it is to Mr Argue's credit that he admitted the breach and that he has a clear record under these Rules and Guidelines. We do not believe he was attempting to gain any real advantage by using his whip in this manner and agree that the circumstances surrounding the start of the race were unfortunate for PRECIOUS MOMENT and her connections. Mr Argue is a Junior Driver who has had some success and we do not wish to deter him from his driving, however consider that a fine has to be imposed for this breach.
penalty:
Accordingly we impose a fine of $200 on Mr Argue.
hearing_type: Hearing
Rules: Rule 869(2)(c)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr R Argue - Junior Driver
Otherperson: Mr S Argue-Assisting Mr R Argue
PersonPresent:
Respondent:
StipendSteward:
raceid: 6d4b98f57ffeae24928d72d7ce04646d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b1c7b50e1b34a5f8f17618ebef7bca42
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2017
meet_title: Harness Racing Waikato - 7 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato