Archive Decision

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Methven TC 30 October 2020 – R 4 – Chair, Mr D Anderson

ID: JCA14248

Applicant:
Mr P Williams - Stipendiary Steward

Respondent(s):
Mr J Curtin - Open Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A13609

Hearing Type:
Hearing

New Charge:
Breach of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
Methven TC - 30 October 2020

Meet Chair:
DAnderson

Race Date:
2020/10/30

Race Number:
R 4

Decision:

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

Penalty:

Mr Curtin is fined $200.

Facts:

Following the running of Race 4 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mr J Curtin. The Information alleged; J Curtin (INVISIBLE GIRL) used his whip free of the rein on several occasions in the home straight.

Mr Curtin signed the Information stating he admitted the breach and that he was conversant with the rule.

Rule 869 provides as follows:

(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

(3.3) A driver shall not use a whip in an unapproved manner.

(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Williams used the race video to identify Mr Curtin driving (2) INVISIBLE GIRL, in the trailing position entering the home straight. Mr Williams pointed to Mr Curtin and demonstrated him crossing his reins and driving his horse to the finishing line using his whip free of the rein.

Mr Curtin had no submissions to make.

Submissions for Penalty:

Mr Williams stated Mr Curtin had been spoken to previously about the new rules on several occasions this month and had received a warning.

Mr Williams said considering all the factors the Stewards were seeking a fine of $200 as Penalty.

Mr Curtin chose not to make any submissions on Penalty.

Reasons for Penalty:

The JCA Penalty Guide provides in stage 1 (October 1 to October 31) in cases where a driver does not promptly correct their action or who has previously had a warning a $200 fine will be recommended.

The Committee although mindful that Mr Curtin had won the race, easily by 3 lengths, see no aggravating factors to depart from the Guidelines.

The Committee in considering these factors agree a fine of $200 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: 6bbfd306b9c200f71df96ec239547fc5


informantnumber: A13609


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 03/11/2020


hearing_title: Methven TC 30 October 2020 - R 4 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 4 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mr J Curtin. The Information alleged; J Curtin (INVISIBLE GIRL) used his whip free of the rein on several occasions in the home straight.

Mr Curtin signed the Information stating he admitted the breach and that he was conversant with the rule.

Rule 869 provides as follows:

(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

(3.3) A driver shall not use a whip in an unapproved manner.

(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Williams used the race video to identify Mr Curtin driving (2) INVISIBLE GIRL, in the trailing position entering the home straight. Mr Williams pointed to Mr Curtin and demonstrated him crossing his reins and driving his horse to the finishing line using his whip free of the rein.

Mr Curtin had no submissions to make.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Williams stated Mr Curtin had been spoken to previously about the new rules on several occasions this month and had received a warning.

Mr Williams said considering all the factors the Stewards were seeking a fine of $200 as Penalty.

Mr Curtin chose not to make any submissions on Penalty.


reasonsforpenalty:

The JCA Penalty Guide provides in stage 1 (October 1 to October 31) in cases where a driver does not promptly correct their action or who has previously had a warning a $200 fine will be recommended.

The Committee although mindful that Mr Curtin had won the race, easily by 3 lengths, see no aggravating factors to depart from the Guidelines.

The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.


penalty:

Mr Curtin is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr P Williams - Stipendiary Steward


JockeysandTrainer: Mr J Curtin - Open Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 01f23ad517ae2f99881a0c9c773e78da


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b8d6039a3937d479a2e5da879aff4c0c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/10/2020


meet_title: Methven TC - 30 October 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: none


meet_pm2: none


name: Methven TC