Nelson HRC 15 January 2017 – R 5 – Chair, Mr S Ching
ID: JCA15608
Meet Title:
Nelson HRC - 15 January 2017
Meet Chair:
SChing
Meet Committee Member 1:
TBird
Race Date:
2017/01/15
Race Number:
R5
Decision:
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Dunn is fined the sum of $300.
Facts:
Following the running of Race 5, the Dick Sanders memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, D Dunn, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m when driving JJ’S DELIGHT.
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 Dunn had endorsed the Information that this breach of the Rules was admitted. Mr Dunn had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays with the assistance of Stipendiary Steward, Mr R Quirk, of the final 400m of the race. He pointed out Mr Dunn driving JJ’S DELIGHT, entering the home straight in the trail behind the leader, on the pylons. Mr Wallis stated that after turning for home inside the 400m, Mr Dunn, after utilising the passing lane and activating the horses gear, used his whip free of the rein on 11 occasions over the final stages. Mr Wallis stated that all of these strikes were fore hand, although there were a couple of backhanders as well, which were not counted. Mr Wallis submitted that the breach was at the low end of the scale.
Submissions for Penalty:
Mr Wallis stated that Mr Dunn was a very busy driver with over 1000 drives last season and before the Nelson meeting had driven on 384 occasions to date this season. He said that Mr Dunn had a clear record in regard to this rule and had readily admitted the breach. Mr Wallis stated that the JCA starting point for a breach of this rule was a fine of $ 500 and submitted that after taking all mitigating factors into consideration, including Mr Dunn’s admission of the breach and his good record, that a fine of $300 be considered as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide recommends a $500 fine as a starting point for a breach of this Rule. In adopting the starting point of a $500 fine the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. We were however, able to afford Mr Dunn a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty in this case 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: ba45ea4726a456b24512bc546f5b9996
informantnumber: A8449
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/01/2017
hearing_title: Nelson HRC 15 January 2017 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Dick Sanders memorial Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, D Dunn, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m when driving JJ’S DELIGHT.
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 Dunn had endorsed the Information that this breach of the Rules was admitted. Mr Dunn had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays with the assistance of Stipendiary Steward, Mr R Quirk, of the final 400m of the race. He pointed out Mr Dunn driving JJ’S DELIGHT, entering the home straight in the trail behind the leader, on the pylons. Mr Wallis stated that after turning for home inside the 400m, Mr Dunn, after utilising the passing lane and activating the horses gear, used his whip free of the rein on 11 occasions over the final stages. Mr Wallis stated that all of these strikes were fore hand, although there were a couple of backhanders as well, which were not counted. Mr Wallis submitted that the breach was at the low end of the scale.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dunn had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Dunn was a very busy driver with over 1000 drives last season and before the Nelson meeting had driven on 384 occasions to date this season. He said that Mr Dunn had a clear record in regard to this rule and had readily admitted the breach. Mr Wallis stated that the JCA starting point for a breach of this rule was a fine of $ 500 and submitted that after taking all mitigating factors into consideration, including Mr Dunn’s admission of the breach and his good record, that a fine of $300 be considered as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide recommends a $500 fine as a starting point for a breach of this Rule. In adopting the starting point of a $500 fine the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. We were however, able to afford Mr Dunn a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty in this case was a fine of $300.
penalty:
Accordingly, Mr Dunn is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Licensed Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f0548c861cdecdee8afe4fa298afdb07
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5be87a0132be966cf152ab60203afdf4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2017
meet_title: Nelson HRC - 15 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: TBird
meet_pm2: none
name: Nelson HRC