Methven TC 17 September 2017 – R 2 – Chair, Mr S Ching
ID: JCA15316
Meet Title:
Methven TC - 17 September 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/09/17
Race Number:
R2
Decision:
As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Cameron’s licence is suspended from the conclusion of racing on 17 September up to and including 6 October 2017. Meetings encompassed in this period are Oamaru on 24 September, Addington on 29 September, Banks Peninsula on 1 October and Addington on 6 October 2017.
Facts:
Following the running of Race 6, the Oxford Working Mens Club Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over the final 400m while driving CARIBBEAN FIZZ.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Cameron confirmed at the hearing that he understood the rule he was being charged with and that he admitted the breach.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving CARIBBEAN FIZZ turning for home when racing in the trail of the leading horse. Mr Renault said that near the 150m, when in contention, Mr Cameron drew the whip and used it on 11 occasions freehand over the final stages. He said that the force of the strikes were mid-range in his opinion with the number of strikes being only just over the limit of 10.
Mr Cameron accepted that he was outside the guidelines limit and that he had had given CARIBBEAN FIZZ the horse a couple of extra strikes just prior to the line to keep the mare going as he felt she was starting to come back to him.
Submissions for Penalty:
Mr Renault stated that Mr Cameron’s driving record showed 13 drives to date this season, with 104 drives last season. He said Mr Cameron’s penalty record showed a previous breach on 27 April 2017 at Addington where he was suspended for 3 days which equated at the time of penalty to a $300 fine. Mr Renault also said that Mr Cameron had readily admitted the breach at the first opportunity. Mr Renault stated that the JCA Penalty Guide recommends a starting point of a 3-5-day suspension for a 2nd breach of this rule within a 6-month period. Mr Renault stated that Mr Cameron drove on average on 2 occasions at relevant meetings and submitted that taking Mr Cameron’s admission of the breach into account, that a suspension of no less than a 4 days suspension be considered as penalty in this case.
Mr Cameron accepted that a suspension was inevitable but submitted that the breach was at the low end with only 1 strike over the limit. He also stated that did not seek a deferment and that any suspension begin immediately.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 3-5-day suspension for a 2nd breach of this rule within a 6-month period. The Committee determined that as Mr Cameron drives on average on 2 occasions at relevant meetings, that a starting point of a 5-day suspension be adopted. There were no aggravating factors to warrant an uplift in penalty but in mitigation Mr Cameron’s admission of the breach warranted a discount. This discount we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
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: 83711fc2bf681fa6d9af072ae2e715d5
informantnumber: A09858
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2017
hearing_title: Methven TC 17 September 2017 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Oxford Working Mens Club Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2)(a) in that he used his whip outside of the guidelines over the final 400m while driving CARIBBEAN FIZZ.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Cameron confirmed at the hearing that he understood the rule he was being charged with and that he admitted the breach.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron driving CARIBBEAN FIZZ turning for home when racing in the trail of the leading horse. Mr Renault said that near the 150m, when in contention, Mr Cameron drew the whip and used it on 11 occasions freehand over the final stages. He said that the force of the strikes were mid-range in his opinion with the number of strikes being only just over the limit of 10.
Mr Cameron accepted that he was outside the guidelines limit and that he had had given CARIBBEAN FIZZ the horse a couple of extra strikes just prior to the line to keep the mare going as he felt she was starting to come back to him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Cameron’s driving record showed 13 drives to date this season, with 104 drives last season. He said Mr Cameron’s penalty record showed a previous breach on 27 April 2017 at Addington where he was suspended for 3 days which equated at the time of penalty to a $300 fine. Mr Renault also said that Mr Cameron had readily admitted the breach at the first opportunity. Mr Renault stated that the JCA Penalty Guide recommends a starting point of a 3-5-day suspension for a 2nd breach of this rule within a 6-month period. Mr Renault stated that Mr Cameron drove on average on 2 occasions at relevant meetings and submitted that taking Mr Cameron’s admission of the breach into account, that a suspension of no less than a 4 days suspension be considered as penalty in this case.
Mr Cameron accepted that a suspension was inevitable but submitted that the breach was at the low end with only 1 strike over the limit. He also stated that did not seek a deferment and that any suspension begin immediately.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a 3-5-day suspension for a 2nd breach of this rule within a 6-month period. The Committee determined that as Mr Cameron drives on average on 2 occasions at relevant meetings, that a starting point of a 5-day suspension be adopted. There were no aggravating factors to warrant an uplift in penalty but in mitigation Mr Cameron’s admission of the breach warranted a discount. This discount we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Cameron’s licence is suspended from the conclusion of racing on 17 September up to and including 6 October 2017. Meetings encompassed in this period are Oamaru on 24 September, Addington on 29 September, Banks Peninsula on 1 October and Addington on 6 October 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr K Cameron - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 935c5781b46bfad9c4fbe98a9daf923d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ffd65db6ff71f0cb08a3e07e78e27b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2017
meet_title: Methven TC - 17 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Methven TC