Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Invercargill HRC 2 May 2021 – R 7 – Chair, Prof G Hall

ID: JCA16324

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr R Austin - Driver

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A10677

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2) and Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 2 May 2021

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2021/05/02

Race Number:
R 7

Decision:

As Mr Austin has admitted the breach, it is found to be proved.

Penalty:

Mr Austin is suspended from driving from 3 May up to and including 22 May 2021.

Facts:

Mr Renault alleged that Mr Austin (CALICO HILL) used his whip with more than a wrist flicking motion in the home straight.

Miss Haley identified the Respondent’s horse on the video. Mr Renault stated that as the field rounded the bend into the home straight Mr Austin was urging his horse and he commenced to use his whip in more than a wrist flicking motion. Mr Renault stated that this continued for some distance.

Mr Austin said he had simply forgotten, and it was so hard to get used to the new Rules.

Submissions for Penalty:

Mr Renault produced the Respondent’s record which was clear under the whip Rule. Mr Austin has had 14 drives this season and 3 the last. Mr Renault described the breach as mid-range due to the distance in which the Respondent was in breach of the Rule. He identified the starting point in the Penalty Guide as a $500 fine or a 2-day suspension. He commented that the Committee needed to consider the fact Mr Austin only drove his stable runners when setting penalty. He believed a 4-day suspension was appropriate.

Mr Austin stated he did not want to be fined and would accept a suspension. When questioned by the Committee, he stated he had 2 horses in racing trim and only drove his own horses.

Reasons for Penalty:

The breach is mid-range. There are a number of strikes over some distance in the home straight before the Respondent complies with the Rule. Mr Austin’s record under this Rule is very good although this is to be viewed in the context of his driving only infrequently. A 3-day suspension is imposed.

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: da77c4743fb3e8784daaa45e612f75ab


informantnumber: A10677


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 05/05/2021


hearing_title: Invercargill HRC 2 May 2021 - R 7 - Chair, Prof G Hall


charge:


facts:

Mr Renault alleged that Mr Austin (CALICO HILL) used his whip with more than a wrist flicking motion in the home straight.

Miss Haley identified the Respondent’s horse on the video. Mr Renault stated that as the field rounded the bend into the home straight Mr Austin was urging his horse and he commenced to use his whip in more than a wrist flicking motion. Mr Renault stated that this continued for some distance.

Mr Austin said he had simply forgotten, and it was so hard to get used to the new Rules.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Austin has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Renault produced the Respondent’s record which was clear under the whip Rule. Mr Austin has had 14 drives this season and 3 the last. Mr Renault described the breach as mid-range due to the distance in which the Respondent was in breach of the Rule. He identified the starting point in the Penalty Guide as a $500 fine or a 2-day suspension. He commented that the Committee needed to consider the fact Mr Austin only drove his stable runners when setting penalty. He believed a 4-day suspension was appropriate.

Mr Austin stated he did not want to be fined and would accept a suspension. When questioned by the Committee, he stated he had 2 horses in racing trim and only drove his own horses.


reasonsforpenalty:

The breach is mid-range. There are a number of strikes over some distance in the home straight before the Respondent complies with the Rule. Mr Austin’s record under this Rule is very good although this is to be viewed in the context of his driving only infrequently. A 3-day suspension is imposed.


penalty:

Mr Austin is suspended from driving from 3 May up to and including 22 May 2021.


hearing_type: Hearing


Rules: 869(2) and Whip Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr R Austin - Driver


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4ca441d9c781792a3803f03ab8edc6a9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4e289bcc6e7c4d33d6c5482de3c3f055


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/05/2021


meet_title: Invercargill HRC - 2 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Invercargill HRC