Methven TC 3 December 2017 – R 9 – Chair, Mr R McKenzie
ID: JCA15414
Meet Title:
Methven TC - 3 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/03
Race Number:
R9
Decision:
Mr Faulks having admitted the breach, the charge was found proved.
Penalty:
Mr Faulks is fined the sum of $200.
Facts:
Following the running of Race 9, Haras des Trotteurs Trotters’ Green Mile (Mobile Trot), an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr A W Faulks, alleging a breach of Rule 869 (2) and the Use of the Whip Regulations, in that as the driver of ARRAN CHIEF if in the race, “he used his whip in an excessive manner over the concluding 400 metres”.
Mr Faulks had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had further indicated and signed “I do not wish to be present at the hearing of the information”.
Rule 869 provides:
(2) 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 Regulations 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 Wallis showed a video replay of the final 400 metres of the race. He pointed out ARRAN CHIEF, driven by Mr Faulks, racing three places back on the markers as the field approached the final turn. Just prior to the straight, Mr Faulks angled the horse outwards and, after turning for home, activated the removable deafeners. He then angled out from behind GREAT THINGS HAPPEN (G D Smith) and commenced using his whip. He used his whip 13 times from that point to the finishing line, Mr Wallis alleged. This was borne out by the video replay and, Mr Wallis said, Mr Faulks had seen the video replay and had agreed with the count of 13.
Submissions for Penalty:
Mr Wallis said that Mr Faulks mainly drives his own horses. Last season, he had 42 drives and, prior to today’s meeting, had driven in 12 races in the current season. He has a clear record under the excessive use of the whip Rule.
Mr Wallis referred to the new Penalty Guide prescribed by the Regulations for a first offence, where the number of strikes is in the 11-13 range, as in this case. The prescribed penalty is a fine of $200, he said, and he submitted that a fine of $200 was appropriate.
Reasons for Penalty:
Penalties for a breach of Rule 869 (2) are now prescribed by the Use of the Whip Regulations, which came into force on 30 November last. Those penalties are based on a sliding scale according to the number of strikes involved. It was accepted by the parties, and by the Committee, that the number of strikes in this case was 13.
The Committee understands that the sliding scale penalties are intended to be a minimum starting point and it is unlikely that any penalty actually imposed in any particular case will be less than the starting point prescribed by the Regulations. We further understand that, if there are aggravating factors, the penalty imposed may be greater than the prescribed starting point.
In the present case, there are no aggravating factors. The breach, in the Committee’s view, is in the low-to-mid range at worst. Mitigating factors are Mr Faulks’ good record and his admission of the breach but those factors are unexceptional and do not warrant any reduction in the starting point.
The sliding scale in the Regulations where the number of strikes is 11-13 provides for a fine of $200.
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: 9027afeeaf901877b9037f08ac04bebd
informantnumber: A10203
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/12/2017
hearing_title: Methven TC 3 December 2017 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Haras des Trotteurs Trotters’ Green Mile (Mobile Trot), an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr A W Faulks, alleging a breach of Rule 869 (2) and the Use of the Whip Regulations, in that as the driver of ARRAN CHIEF if in the race, “he used his whip in an excessive manner over the concluding 400 metres”.
Mr Faulks had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had further indicated and signed “I do not wish to be present at the hearing of the information”.
Rule 869 provides:
(2) 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 Regulations 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 Wallis showed a video replay of the final 400 metres of the race. He pointed out ARRAN CHIEF, driven by Mr Faulks, racing three places back on the markers as the field approached the final turn. Just prior to the straight, Mr Faulks angled the horse outwards and, after turning for home, activated the removable deafeners. He then angled out from behind GREAT THINGS HAPPEN (G D Smith) and commenced using his whip. He used his whip 13 times from that point to the finishing line, Mr Wallis alleged. This was borne out by the video replay and, Mr Wallis said, Mr Faulks had seen the video replay and had agreed with the count of 13.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Faulks having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis said that Mr Faulks mainly drives his own horses. Last season, he had 42 drives and, prior to today’s meeting, had driven in 12 races in the current season. He has a clear record under the excessive use of the whip Rule.
Mr Wallis referred to the new Penalty Guide prescribed by the Regulations for a first offence, where the number of strikes is in the 11-13 range, as in this case. The prescribed penalty is a fine of $200, he said, and he submitted that a fine of $200 was appropriate.
reasonsforpenalty:
Penalties for a breach of Rule 869 (2) are now prescribed by the Use of the Whip Regulations, which came into force on 30 November last. Those penalties are based on a sliding scale according to the number of strikes involved. It was accepted by the parties, and by the Committee, that the number of strikes in this case was 13.
The Committee understands that the sliding scale penalties are intended to be a minimum starting point and it is unlikely that any penalty actually imposed in any particular case will be less than the starting point prescribed by the Regulations. We further understand that, if there are aggravating factors, the penalty imposed may be greater than the prescribed starting point.
In the present case, there are no aggravating factors. The breach, in the Committee’s view, is in the low-to-mid range at worst. Mitigating factors are Mr Faulks’ good record and his admission of the breach but those factors are unexceptional and do not warrant any reduction in the starting point.
The sliding scale in the Regulations where the number of strikes is 11-13 provides for a fine of $200.
penalty:
Mr Faulks is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: A W Faulks, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d0819a5bb1f0c9101ef4e3e60c9eb022
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: abd1b88b3f4332a16aab953958433af2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/12/2017
meet_title: Methven TC - 3 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Methven TC