Archive Decision

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Oamaru HRC 29 July 2018 – R 9 – Chair, Prof G Hall

ID: JCA15751

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr G Ross - Graduation Driver

Information Number:
A10526

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(b)

Plea:
admitted

Meet Title:
Oamaru HRC - 29 July 2018

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2018/07/29

Race Number:
R 9

Decision:

As Mr Ross has admitted the breach, it is found to be proved.

Penalty:

Mr Ross is fined the sum of $300.

Facts:

Mr Renault, Stipendiary Steward, alleged that Mr Ross used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive CLIVE in race 9, the MORRISONS SADDLERY MOBILE PACE.

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 Renault demonstrated the alleged breach on the videos. He pointed out Mr Ross had used his whip 16 times in the last 400 metres. There was just the one pause when the whip had briefly become entangled in the reins.

Mr Ross said he was aware of the rule and the number of strikes permitted but he had clearly lost count. He had stopped using the whip in the final stages of the race as he thought he was at the limit of 10.

Submissions for Penalty:

Mr Renault produced the respondent’s record which evidenced this was his third raceday drive.

Reasons for Penalty:

The penalty is determined by a sliding scale. Where the number of strikes is 14 to 16 and it is a first offence, it is $300. The count for Mr Ross is 16. He agrees that this is the number. This is Mr Ross’ third raceday drive. He has only recently obtained a graduation licence.

This is Mr Ross’ first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $300. There are no aggravating or mitigating factors of the breach.

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: cbd924203fcc0d6f23f96abc6f3f53ad


informantnumber: A10526


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 31/07/2018


hearing_title: Oamaru HRC 29 July 2018 - R 9 - Chair, Prof G Hall


charge:


facts:

Mr Renault, Stipendiary Steward, alleged that Mr Ross used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive CLIVE in race 9, the MORRISONS SADDLERY MOBILE PACE.

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 Renault demonstrated the alleged breach on the videos. He pointed out Mr Ross had used his whip 16 times in the last 400 metres. There was just the one pause when the whip had briefly become entangled in the reins.

Mr Ross said he was aware of the rule and the number of strikes permitted but he had clearly lost count. He had stopped using the whip in the final stages of the race as he thought he was at the limit of 10.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ross has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Renault produced the respondent’s record which evidenced this was his third raceday drive.


reasonsforpenalty:

The penalty is determined by a sliding scale. Where the number of strikes is 14 to 16 and it is a first offence, it is $300. The count for Mr Ross is 16. He agrees that this is the number. This is Mr Ross’ third raceday drive. He has only recently obtained a graduation licence.

This is Mr Ross’ first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $300. There are no aggravating or mitigating factors of the breach.


penalty:

Mr Ross is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr G Ross - Graduation Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 89247ed1f24f488a38c5e3e23e146e69


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: 43fdd5bd5e60969e04bfe7914ffe96c9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/07/2018


meet_title: Oamaru HRC - 29 July 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru HRC