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Methven RC 14 October 2018 – R 6 – Chair, Mr D Anderson

ID: JCA13731

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr K Cameron - Open Driver

Other Person:
Mr R Quirk - Stipendiary Steward

Information Number:
A10869

Hearing Type:
Hearing

New Charge:
Exessive use of the whip

Rules:
869(2) and whip regulations

Plea:
admitted

Meet Title:
Methven TC - 14 October 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/10/14

Race Number:
R 6

Decision:

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

Penalty:

Mr Cameron’s licence is suspended from the conclusion of racing today up to and including racing on 29 October 2018.

Meetings encompassed in this period are:

Addington - 19 October 2018
Ashburton - 22 October 2018
Kaikoura - 28 October 2018
Kaikoura - 29 October 2018.
 

Facts:

Following the running of Race 6 the “JA & GD Trudgeon Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Open Driver, Mr K Cameron. The Information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Cameron signed the information stating he admitted the breach and that he had a clear understanding of the Rule.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) 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 race video, with the assistance of Mr Quirk, to identify Mr Cameron driving (3) PINE CONE, in the home straight angling out of a mid-field position and using his whip 12 times in the run to the finishing post.

Mr Cameron agreed with the count of 12 strikes as did the Committee.

Submissions for Penalty:

Mr Renault said Mr Cameron had two previous breaches of this rule on 3 August 2018 at Addington where he was fined $200 and, on the 17 August 2018, also at Addington, where he incurred a 3-day suspension. He said the JCA Guidelines provide for a 3-day suspension for a second or subsequent breach of this rule within 6 months. He said Mr Cameron’s record, in the Stewards opinion, warranted an uplift to 4 or 5 days.

Mr Cameron said he was trying hard to compete in the race but the horse wasn’t. He preferred that he start any suspension immediately and didn’t require a deferment.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 3-5 day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee has a adopted a 3-day starting point for this breach as we consider it to be low level.

The aggravating factor is Mr Cameron’s two previous breaches.

The Committee after considering these factors, find that a 4-day suspension is an appropriate penalty in this case.

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: 5db65d42dae1b2d8f76de8aee9231539


informantnumber: A10869


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Exessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 16/10/2018


hearing_title: Methven RC 14 October 2018 - R 6 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 6 the “JA & GD Trudgeon Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Open Driver, Mr K Cameron. The Information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Cameron signed the information stating he admitted the breach and that he had a clear understanding of the Rule.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) 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 race video, with the assistance of Mr Quirk, to identify Mr Cameron driving (3) PINE CONE, in the home straight angling out of a mid-field position and using his whip 12 times in the run to the finishing post.

Mr Cameron agreed with the count of 12 strikes as did the Committee.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault said Mr Cameron had two previous breaches of this rule on 3 August 2018 at Addington where he was fined $200 and, on the 17 August 2018, also at Addington, where he incurred a 3-day suspension. He said the JCA Guidelines provide for a 3-day suspension for a second or subsequent breach of this rule within 6 months. He said Mr Cameron’s record, in the Stewards opinion, warranted an uplift to 4 or 5 days.

Mr Cameron said he was trying hard to compete in the race but the horse wasn’t. He preferred that he start any suspension immediately and didn’t require a deferment.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 3-5 day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee has a adopted a 3-day starting point for this breach as we consider it to be low level.

The aggravating factor is Mr Cameron’s two previous breaches.

The Committee after considering these factors, find that a 4-day suspension is an appropriate penalty in this case.


penalty:

Mr Cameron’s licence is suspended from the conclusion of racing today up to and including racing on 29 October 2018.

Meetings encompassed in this period are:

Addington - 19 October 2018
Ashburton - 22 October 2018
Kaikoura - 28 October 2018
Kaikoura - 29 October 2018.
 


hearing_type: Hearing


Rules: 869(2) and whip regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr K Cameron - Open Driver


Otherperson: Mr R Quirk - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 81d2c2867866aeae1b8ef75ed4286212


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


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meetdate: 14/10/2018


meet_title: Methven TC - 14 October 2018


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meet_racingtype: harness-racing


meet_chair: DAnderson


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name: Methven TC