Archive Decision

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Marlborough HRC 21 January 2018 – R 3 – Chair, Mr D Anderson

ID: JCA16284

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr R Cameron - Open Driver

Other Person:
Mr N McIntyre - General Manager of Stewards

Information Number:
A09883

Hearing Type:
Hearing

New Charge:
Excessive Whip Use

Rules:
869(2)

Plea:
admitted

Meet Title:
Marlborough HRC - 21 January 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
PWilliams

Race Date:
2018/01/21

Race Number:
R3

Decision:

As Mr Cameron admitted the breach the charge was found proved.

Penalty:

Mr Cameron licence is suspended from the conclusion of racing on 28 January 2018 up to and including racing on 6 February 2018.

Meetings encompassed in this period are: Addington 2 February 2018

                                                                 Geraldine 3 February 2018

                                                                 Amberley 6 February 2018

Facts:

Following the running of Race 3 the “Wine Works Marlborough Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr R Cameron. The Information stated that Driver R Cameron used his whip in an excessive manner inside the final 400 metres.

Mr Cameron signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Renault confirmed this at the hearing and that Mr Cameron understood the rule with which he was being charged.

Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault used the race video, with the assistance of Mr McIntyre, to identify Mr Cameron driving (11) IT’S A DEAL, in the home straight angling out of the 1x1 position and using his whip 11 times in the run to the finishing post.

The Committee agreed with the count of 11 strikes.

Submissions for Penalty:

Mr Renault said Mr Cameron had one previous breach of this rule on 10 January 2018 at Oamaru where he was fined $200. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and that Mr Cameron was informed of this. He said Mr Cameron had asked if any suspension imposed on him be started after 28 January at Motukarara.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of the rule within a 6-month period.

We take the starting point for a second low level breach to be a suspension of 3 driving days and we make no alteration to this because, on this occasion, the Committee believes there are no additional aggravating or mitigating factors to justify any change.

We therefore determine that a three-day suspension is an appropriate penalty.

The Committee grants Mr Cameron’s request for a deferment.

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: d4d525b09f7984c8bb8cd7dd2e68fee8


informantnumber: A09883


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Whip Use


plea: admitted


penaltyrequired: 1


decisiondate: 24/01/2018


hearing_title: Marlborough HRC 21 January 2018 - R 3 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 3 the “Wine Works Marlborough Mobile Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr R Cameron. The Information stated that Driver R Cameron used his whip in an excessive manner inside the final 400 metres.

Mr Cameron signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Renault confirmed this at the hearing and that Mr Cameron understood the rule with which he was being charged.

Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault used the race video, with the assistance of Mr McIntyre, to identify Mr Cameron driving (11) IT’S A DEAL, in the home straight angling out of the 1x1 position and using his whip 11 times in the run to the finishing post.

The Committee agreed with the count of 11 strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cameron admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault said Mr Cameron had one previous breach of this rule on 10 January 2018 at Oamaru where he was fined $200. He said the JCA Guidelines provide for a 3-day suspension for a second breach of this rule within 6 months and that Mr Cameron was informed of this. He said Mr Cameron had asked if any suspension imposed on him be started after 28 January at Motukarara.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension for a second breach of the rule within a 6-month period.

We take the starting point for a second low level breach to be a suspension of 3 driving days and we make no alteration to this because, on this occasion, the Committee believes there are no additional aggravating or mitigating factors to justify any change.

We therefore determine that a three-day suspension is an appropriate penalty.

The Committee grants Mr Cameron’s request for a deferment.


penalty:

Mr Cameron licence is suspended from the conclusion of racing on 28 January 2018 up to and including racing on 6 February 2018.

Meetings encompassed in this period are: Addington 2 February 2018

                                                                 Geraldine 3 February 2018

                                                                 Amberley 6 February 2018


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr R Cameron - Open Driver


Otherperson: Mr N McIntyre - General Manager of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: b5f79c34609e9f4851054ba571d74dd6


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: cb93b46b62837671160d9a874dd8a9c3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/01/2018


meet_title: Marlborough HRC - 21 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: PWilliams


meet_pm2: none


name: Marlborough HRC