Invercargill HRC 17 February 2013 – R 5
ID: JCA15637
Meet Title:
Invercargill HRC - 17 February 2013
Meet Chair:
PKnowles
Meet Committee Member 1:
NSkelt
Race Date:
2013/02/17
Race Number:
R 5
Decision:
Mr Clark struck his horse with the whip between 6-8 times over the final stage of the race. The Committee does not believe that this is excessive under the Rule. The charge is dismissed.
Charge:
Following the running of Race # 5 the ELMWOOD CATERING DISCRETIONARY HANDICAP TROT Stipendiary Steward Mr S Renault lodged an Information (Breach of the Rules) alleging horseman "Mr A Clark (THE FIERY GINGA) used his whip in an excessive manner in the run home."
Facts:
Mr Renault, with the use of the video, stated Mr Clark used his whip approx. 22 or more times in the home straight. He said Mr Clark struck the sulky with his whip 6-7 times on two separate occasions before striking the horse with his whip between 6-8 times over the concluding stage of the race. He said the Stewards followed the Whip Guidelines and any use of the whip more than 20 times resulted in a horseman being charged. This included striking the sulky with the whip. He also stated it was the perception issue, people at home see the strike, they can’t see if Mr Clark is hitting the sulky or the horse. Stewards had been using the guidelines for the past 12 months.
Mr Clark did not dispute the number of times he used the whip. However, he stated he was not hitting the sulky but the dust sheet. He said he had complied with the Whip Guidelines by breaking up the use of the whip on separate occasions and also by driving out his horse by using his hands on the reins over the final stage. Mr Clark said as far as public perception was concerned those people at home could tell if the horse or the dust sheet was being struck by the change in arm action.
Submissions for Decision:
In reaching a decision the Committee took into account the submissions of both parties, the video evidence and the wording of the Rule and the Whip Guidelines. The number of times Mr Clark used his whip is not disputed by either party nor is the number of times Mr Clark struck the dust sheet or the horse with the whip. The issue is whether the use of the whip was excessive under the Rule and the Whip Guidelines.
Mr Renault based his submissions on the Whip Guidelines, which the Stewards have based their charges of this Rule for the past 12 months. The Guidelines refer to excessive use of the whip being on the sulky or the horse or a as Mr Renault submitted a combination of both. He submitted that 20 strikes with the whip led to a charge against the horseman. He also submitted that public perception of people watching at home was that the horse was being struck with the whip regardless of whether Mr Clark was striking the dust sheet.
Reasons for Decision:
Rule 869 (2) (a), in this instance, refers to excessive. The Committee took the view that the intention of the Rule is the use of the whip on a horse. The Whip Guidelines outline a number of areas which horseman are expected to comply with. However, guidelines are not mandatory and at best are a guide to establish boundaries within which to work. Guidelines are not a Rule.
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: be20debf4ee94ed2f7020d45005d6f55
informantnumber: 1972
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 19/02/2013
hearing_title: Invercargill HRC 17 February 2013 - R 5
charge:
Following the running of Race # 5 the ELMWOOD CATERING DISCRETIONARY HANDICAP TROT Stipendiary Steward Mr S Renault lodged an Information (Breach of the Rules) alleging horseman "Mr A Clark (THE FIERY GINGA) used his whip in an excessive manner in the run home."
facts:
Mr Renault, with the use of the video, stated Mr Clark used his whip approx. 22 or more times in the home straight. He said Mr Clark struck the sulky with his whip 6-7 times on two separate occasions before striking the horse with his whip between 6-8 times over the concluding stage of the race. He said the Stewards followed the Whip Guidelines and any use of the whip more than 20 times resulted in a horseman being charged. This included striking the sulky with the whip. He also stated it was the perception issue, people at home see the strike, they can’t see if Mr Clark is hitting the sulky or the horse. Stewards had been using the guidelines for the past 12 months.
Mr Clark did not dispute the number of times he used the whip. However, he stated he was not hitting the sulky but the dust sheet. He said he had complied with the Whip Guidelines by breaking up the use of the whip on separate occasions and also by driving out his horse by using his hands on the reins over the final stage. Mr Clark said as far as public perception was concerned those people at home could tell if the horse or the dust sheet was being struck by the change in arm action.
appealdecision:
isappeal:
submissionsfordecision:
In reaching a decision the Committee took into account the submissions of both parties, the video evidence and the wording of the Rule and the Whip Guidelines. The number of times Mr Clark used his whip is not disputed by either party nor is the number of times Mr Clark struck the dust sheet or the horse with the whip. The issue is whether the use of the whip was excessive under the Rule and the Whip Guidelines.
Mr Renault based his submissions on the Whip Guidelines, which the Stewards have based their charges of this Rule for the past 12 months. The Guidelines refer to excessive use of the whip being on the sulky or the horse or a as Mr Renault submitted a combination of both. He submitted that 20 strikes with the whip led to a charge against the horseman. He also submitted that public perception of people watching at home was that the horse was being struck with the whip regardless of whether Mr Clark was striking the dust sheet.
reasonsfordecision:
Rule 869 (2) (a), in this instance, refers to excessive. The Committee took the view that the intention of the Rule is the use of the whip on a horse. The Whip Guidelines outline a number of areas which horseman are expected to comply with. However, guidelines are not mandatory and at best are a guide to establish boundaries within which to work. Guidelines are not a Rule.
Decision:
Mr Clark struck his horse with the whip between 6-8 times over the final stage of the race. The Committee does not believe that this is excessive under the Rule. The charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869 (2) (a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr AL Clark - Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2aaba1f45b72e20f229fc0df6f766ec5
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: c43b44ced7215c742248fb96d839d523
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/02/2013
meet_title: Invercargill HRC - 17 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: NSkelt
meet_pm2: none
name: Invercargill HRC