Marlborough HRC 24 June 2018 – R 8 – Chair, Mr G Clapp
ID: JCA16528
Meet Title:
Marlborough HRC - 24 June 2018
Meet Chair:
GClapp
Meet Committee Member 1:
PWilliams
Race Date:
2018/06/24
Race Number:
R 8
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Dunn is fined $200.
Facts:
Following the running of Race 8, (Yealands Family Wines Winter Cup Handicap Pace 3200m), Information A09963 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869(2) in that “J Dunn (Diamonds N Cash) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”.
Mr Dunn had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) States: “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 the Whip Regulation clause (b) reads: “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 used the available films with the assistance of Mr Lamb who identified DIAMONDS N CASH racing, three back on the inside position. On the run home Mr Renault submitted that Mr Dunn had used his whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the Committee that Mr Dunn had viewed the film and agreed with the Stewards as to the number of times that he used his whip.
Submissions for Penalty:
Mr Renault told the Committee that Mr Dunn had 569 drives last season and 609 drives this season. He said Mr Dunn had a previous breach of this rule on 6 February 2018. Mr Renault said that prior to today’s meeting Mr Dunn had had 245 drives since his last breach of this rule. Therefore, under the 200-drive reset period this would be classed as his first breach of the rule. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine.
Mr Dunn was not present to make any submissions to the contrary.
Reasons for Penalty:
It is clear from the films that Mr Dunn did use his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The Committee notes Mr Dunn’s early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
JCA Decision Fields (raw)
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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: bf6d7f048abc6a1000531abd5f92f752
informantnumber: A09963
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/06/2018
hearing_title: Marlborough HRC 24 June 2018 - R 8 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 8, (Yealands Family Wines Winter Cup Handicap Pace 3200m), Information A09963 was filed by Stipendiary Steward, Mr Renault with the Judicial Committee. It alleged a breach of Rule 869(2) in that “J Dunn (Diamonds N Cash) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”.
Mr Dunn had signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) States: “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 the Whip Regulation clause (b) reads: “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 used the available films with the assistance of Mr Lamb who identified DIAMONDS N CASH racing, three back on the inside position. On the run home Mr Renault submitted that Mr Dunn had used his whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Renault told the Committee that Mr Dunn had viewed the film and agreed with the Stewards as to the number of times that he used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Dunn had 569 drives last season and 609 drives this season. He said Mr Dunn had a previous breach of this rule on 6 February 2018. Mr Renault said that prior to today’s meeting Mr Dunn had had 245 drives since his last breach of this rule. Therefore, under the 200-drive reset period this would be classed as his first breach of the rule. Mr Renault said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine.
Mr Dunn was not present to make any submissions to the contrary.
reasonsforpenalty:
It is clear from the films that Mr Dunn did use his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The Committee notes Mr Dunn’s early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.
penalty:
Mr Dunn is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Dunn - Licensed Open Horseman
Otherperson: Mr P Lamb - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 40c172a0b2454a748b48e128684b4f95
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: af86f0b4274dad0e20aaa372e093fb96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/06/2018
meet_title: Marlborough HRC - 24 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC