Archive Decision

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Oamaru HRC 10 January 2018 – R 1 – Chair, Mr G Clapp

ID: JCA20413

Hearing Type:
Old Hearing

Rules:
869(2) and Whip Regulations

Hearing Type (Code):
harness-racing

Meet Title:
Oamaru HRC - 10 January 2018

Meet Chair:
PKnowles

Meet Committee Member 1:
GClapp

Race Date:
2018/01/10

Race Number:
R2

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr SW Wallis - Stipendiary Steward

Respondent: Mr R Cameron - Senior Horseman

Information No: A010212

Meeting: Oamaru Harness Racing Club

Date: 10 January 2018

Venue: Oamaru Racecourse

Race: 1

Rule No: 869(2) and Whip Regulations

Judicial Committee: Mr G Clapp, Chairman – Mr P Knowles, Committee Member

Also Present: Mr R Quirk – Stipendiary Steward

Plea: Admitted

Evidence:
Following the running of Race 1, the One Smart Coffee Mobile Pace, an Information was filed by Mr S Wallis, Stipendiary Steward, alleging, Mr R Cameron, Open Driver, “used his whip outside the guidelines approved by the Board”.

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 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 Cameron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the information.

Mr Wallis showed a video replay of the race, with the assistance of Mr Quirk, as the field passed the 400 metres. He pointed out Mr Cameron, (IT’S A DEAL), who was fifth on the outside. He then used his whip on 13 occasions, free of the rein, to the finishing line. Mr Wallis told the Committee that Mr Cameron had agreed that the number of strikes was 13.

Decision
Mr Cameron having admitted the charge, the charge was found proved.

Submissions for Penalty
Mr Wallis said, that last season, Mr Cameron had had a total of 39 drives and, in the current season to date, 11 drives. Mr Cameron had a clear record and has not previously breached this rule.

The prescribed penalty in the Use of the Whip Regulation for 11-13 strikes is a fine of $200, said Mr Wallis, and he submitted that that was an appropriate penalty.

Reasons for Penalty:
The prescribed penalty under the Use of the Whip Regulation in the case of 11-13 strikes is a fine of $200. The Committee agreed, from its own observation of the video, that the relevant number of strikes in this case was 13. The breach was mid-range and there were no aggravating factors. The Committee understands that the fine prescribed by the Regulation is to be regarded as a minimum penalty in the absence of exceptional circumstances, of which there are none in this case.

Penalty:
Mr Cameron is fined the sum 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: 80a4255c4f622a6da7c83c63f286b849


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startdate: 10/01/2018


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decisiondate: no date provided


hearing_title: Oamaru HRC 10 January 2018 - R 1 - Chair, Mr G Clapp


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr SW Wallis - Stipendiary Steward

Respondent: Mr R Cameron - Senior Horseman

Information No: A010212

Meeting: Oamaru Harness Racing Club

Date: 10 January 2018

Venue: Oamaru Racecourse

Race: 1

Rule No: 869(2) and Whip Regulations

Judicial Committee: Mr G Clapp, Chairman – Mr P Knowles, Committee Member

Also Present: Mr R Quirk – Stipendiary Steward

Plea: Admitted

Evidence:
Following the running of Race 1, the One Smart Coffee Mobile Pace, an Information was filed by Mr S Wallis, Stipendiary Steward, alleging, Mr R Cameron, Open Driver, “used his whip outside the guidelines approved by the Board”.

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 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 Cameron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the information.

Mr Wallis showed a video replay of the race, with the assistance of Mr Quirk, as the field passed the 400 metres. He pointed out Mr Cameron, (IT’S A DEAL), who was fifth on the outside. He then used his whip on 13 occasions, free of the rein, to the finishing line. Mr Wallis told the Committee that Mr Cameron had agreed that the number of strikes was 13.

Decision
Mr Cameron having admitted the charge, the charge was found proved.

Submissions for Penalty
Mr Wallis said, that last season, Mr Cameron had had a total of 39 drives and, in the current season to date, 11 drives. Mr Cameron had a clear record and has not previously breached this rule.

The prescribed penalty in the Use of the Whip Regulation for 11-13 strikes is a fine of $200, said Mr Wallis, and he submitted that that was an appropriate penalty.

Reasons for Penalty:
The prescribed penalty under the Use of the Whip Regulation in the case of 11-13 strikes is a fine of $200. The Committee agreed, from its own observation of the video, that the relevant number of strikes in this case was 13. The breach was mid-range and there were no aggravating factors. The Committee understands that the fine prescribed by the Regulation is to be regarded as a minimum penalty in the absence of exceptional circumstances, of which there are none in this case.

Penalty:
Mr Cameron is fined the sum of $200.


sumissionsforpenalty:


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hearing_type: Old Hearing


Rules: 869(2) and Whip Regulations


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meetdate: 10/01/2018


meet_title: Oamaru HRC - 10 January 2018


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name: Oamaru HRC