Methven TC 20 March 2016 – R 12 – Chair, Mr S Ching
ID: JCA13083
Meet Title:
Methven TC - 20 March 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/03/20
Race Number:
R12
Decision:
As Mr Morrison had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Morrison was fined the sum of $300.
Facts:
Following the running of Race 12, the Paint Lab Hornby Pace, an Information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr J Morrison, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner Stewards deemed excessive over the concluding stages.
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.”
Mr Morrison had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Morrison also confirmed that he understood the rule he was charged with.
Mr Morrison, as a Junior Driver, had been assisted in the preliminary investigation with the Stewards and was comfortable without assistance at hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Morrison, driving HESTIA FRANCO, who was in the lead at the home turn.
He said Mr Morrison used his whip on 21 to 22 occasions over the concluding stages with only one pause when his whip got tangled with the reins. Mr Renault stated that the number of strikes and the continuous manner was why Mr Morrison was being charged. He also said the strikes were clearly with some force.
Mr Morrison agreed that he was in breach of the rule as he was clearly outside the Whip Guidelines set.
Submissions for Penalty:
Mr Renault stated that Mr Morrison was a Junior Driver in his first season of driving and so far had driven on 146 occasions. He said Mr Morrison had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mr Renault stated that the breach was, in the Stewards' opinion, mid-range.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Renault submitted that a fine of $300 be considered as penalty in this case.
Mr Morrison submitted he would prefer a fine as penalty.
Reasons for Penalty:
In determining penalty, we took into account Mr Morrison’s good record, his status as a Junior Driver and his admission of the breach. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Morrison a discount of $100 for his good record and a further discount of $100 for his admission of the breach. We therefore determined that an appropriate penalty was a fine of $300.
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: 3f866fc577b4ae083d7f65473fafd183
informantnumber: A 4447
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/03/2016
hearing_title: Methven TC 20 March 2016 - R 12 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 12, the Paint Lab Hornby Pace, an Information was filed by Stipendiary Steward Mr S Renault against Junior Horseman Mr J Morrison, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner Stewards deemed excessive over the concluding stages.
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.”
Mr Morrison had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Morrison also confirmed that he understood the rule he was charged with.
Mr Morrison, as a Junior Driver, had been assisted in the preliminary investigation with the Stewards and was comfortable without assistance at hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Morrison, driving HESTIA FRANCO, who was in the lead at the home turn.
He said Mr Morrison used his whip on 21 to 22 occasions over the concluding stages with only one pause when his whip got tangled with the reins. Mr Renault stated that the number of strikes and the continuous manner was why Mr Morrison was being charged. He also said the strikes were clearly with some force.
Mr Morrison agreed that he was in breach of the rule as he was clearly outside the Whip Guidelines set.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Morrison 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 Morrison was a Junior Driver in his first season of driving and so far had driven on 146 occasions. He said Mr Morrison had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mr Renault stated that the breach was, in the Stewards' opinion, mid-range.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Renault submitted that a fine of $300 be considered as penalty in this case.
Mr Morrison submitted he would prefer a fine as penalty.
reasonsforpenalty:
In determining penalty, we took into account Mr Morrison’s good record, his status as a Junior Driver and his admission of the breach. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Morrison a discount of $100 for his good record and a further discount of $100 for his admission of the breach. We therefore determined that an appropriate penalty was a fine of $300.
penalty:
Accordingly, Mr Morrison was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: J Morrison- Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a52d6edb15fde0eb047f90bac753e5fc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d9b5ae292c78f34b3d05ad7771c30bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2016
meet_title: Methven TC - 20 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Methven TC