NZ Metro TC 14 December 2018 – R 9 – Chair, Mr D Anderson
ID: JCA10510
Meet Title:
NZ Metro TC - 14 December 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/12/14
Race Number:
R 9
Decision:
As Mr Holmes admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Holmes’ licence is suspended from the conclusion of racing on the 16th December up to and including racing on the 29th December 2018.
Meetings encompassed in this suspension are:
Addington 21 Dec
Ashburton 23 Dec
Banks Peninsula 29 Dec 2018
Facts:
Following the running of Race 8 the “Blue Star Taxis Mobile Pace” an Information was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(2) by Open Driver Mr R Holmes. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Holmes had signed the Information stating he admitted the breach and that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) 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 used the race video, with the assistance of Mrs Tibbs, to identify Mr Holmes driving (3) GOOD ON YA KIWI, racing in the 1x1 position entering the home straight. Mr Holmes angled inward from his position and used his whip 12 times in the run to the finishing post.
Mr Wallis stated Mr Holmes agreed with the count of 12 strikes as did the Committee.
Submissions for Penalty:
Mr Wallis said Mr Holmes had one previous breach of this rule on 1 Dec 2018 at Oamaru where he incurred a $200 fine. He said the Stewards were seeking a three-day suspension on this occasion.
He informed the Committee Mr Holmes did not require any deferment of suspension.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.
The Committee found there were no aggravating or mitigating factors to deviate from the penalty guide for this low-level breach of the rule. We considered a 3-day suspension 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: 08e19be946aafe77e28aa224b8c783f4
informantnumber: A10818
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2018
hearing_title: NZ Metro TC 14 December 2018 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8 the “Blue Star Taxis Mobile Pace” an Information was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(2) by Open Driver Mr R Holmes. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Holmes had signed the Information stating he admitted the breach and that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) 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 used the race video, with the assistance of Mrs Tibbs, to identify Mr Holmes driving (3) GOOD ON YA KIWI, racing in the 1x1 position entering the home straight. Mr Holmes angled inward from his position and used his whip 12 times in the run to the finishing post.
Mr Wallis stated Mr Holmes agreed with the count of 12 strikes as did the Committee.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Holmes admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis said Mr Holmes had one previous breach of this rule on 1 Dec 2018 at Oamaru where he incurred a $200 fine. He said the Stewards were seeking a three-day suspension on this occasion.
He informed the Committee Mr Holmes did not require any deferment of suspension.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.
The Committee found there were no aggravating or mitigating factors to deviate from the penalty guide for this low-level breach of the rule. We considered a 3-day suspension is an appropriate penalty in this case.
penalty:
Accordingly, Mr Holmes’ licence is suspended from the conclusion of racing on the 16th December up to and including racing on the 29th December 2018.
Meetings encompassed in this suspension are:
Addington 21 Dec
Ashburton 23 Dec
Banks Peninsula 29 Dec 2018
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr R Holmes - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards, Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6372af6765acf141b3fc4e244e726264
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef5f6301bd3f7e0c317499db30e5f499
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2018
meet_title: NZ Metro TC - 14 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC