Archive Decision

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Oamaru HRC 3 December 2016 – R 7 – Chair, Mr P Knowles

ID: JCA12423

Applicant:
Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward

Respondent(s):
Mr M Williamson - Open Horseman

Information Number:
A6262

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869 (2) (a)

Plea:
denied

Meet Title:
Oamaru HRC - 3 December 2016

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2016/12/03

Race Number:
R 7

Decision:

The charge of excessive use of the whip against Mr Williamson is dismissed.

Facts:

Following the running of race # 7 the FAT SALLY’S PUB DRIVERS SERIES MOBILE PACE, Stewards charged Mr M Williamson with a breach of rule 869 (2) (a) alleging “Mr Williamson used his whip in a manner which the Stewards deemed excessive over the concluding stages” when driving out Clasina Maria.

Rule 869 (2) (a) reads:

No horseman shall during any race:-

(a)   use his whip in an unnecessary, excessive or improper manner.

The Following Guidelines Apply To Rule 869 (2) (a)

Stewards deem the “use of the whip” throughout the race as listed below:

·       Free of rein

·       On the horse itself

·       On the sulky or dustsheet

·      Back Handers

Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. 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.

Mr Williamson appeared at the hearing and admitted the breach.

Submissions for Decision:

Mr Quirk, with the assistance of the videos, showed the position of Clasina Maria at the top of the straight and the run to the finish. He showed where Mr Williamson used his whip on 13 occasions inside the final 200m.

Mr Renault stated that Clasina Maria was placed three back on the running line entering the home straight. Mr Williamson took the passing lane option when it became available to him and struck the shaft five times with the whip. He then used his whip to a total of 13 times. However he said the last two were pushes not strikes.

Mr Williamson stated he had struck the sulky shaft five times when entering the passing lane. The rest of the whip use was just swishes, a couple were on the tail and the rest were rein and whip. He did not believe he felt he had done much at all.

Reasons for Decision:

After viewing the video and hearing the submissions of both parties the committee takes a different view of Mr Renault’s interpretation of the Whip Guidelines and Mr Williamson’s use of the whip. Mr Renault alleges Mr Williamson used his whip 13 times, five times when entering the passing lane and a further eight times to the finish. He concedes the last two were pushes. We agree with the number. However, we find the final eight strikes with the whip are a combination of strikes free of the rein, strikes with the rein and whip and pushes. This brings the total number of allowable strikes with the whip to less than ten.  The guidelines are simply that, a guide to assist committees to interpret the Whip rule. We find a breach of the Rule has not occurred. Having reached this conclusion Mr Williamson changed his plea to not admitting the breach. Mr Renault was then given the opportunity to withdraw the Information, or continue with the charge which he chose to do.

Following Mr Williamson’s change of plea there was no further evidence produced by Mr Renault to support the charge against Mr Williamson.

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: 5a5044b95b3f992dacb4b5a9f46ea04c


informantnumber: A6262


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: denied


penaltyrequired: 0


decisiondate: 05/12/2016


hearing_title: Oamaru HRC 3 December 2016 - R 7 - Chair, Mr P Knowles


charge:


facts:

Following the running of race # 7 the FAT SALLY’S PUB DRIVERS SERIES MOBILE PACE, Stewards charged Mr M Williamson with a breach of rule 869 (2) (a) alleging “Mr Williamson used his whip in a manner which the Stewards deemed excessive over the concluding stages” when driving out Clasina Maria.

Rule 869 (2) (a) reads:

No horseman shall during any race:-

(a)   use his whip in an unnecessary, excessive or improper manner.

The Following Guidelines Apply To Rule 869 (2) (a)

Stewards deem the “use of the whip” throughout the race as listed below:

·       Free of rein

·       On the horse itself

·       On the sulky or dustsheet

·      Back Handers

Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. 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.

Mr Williamson appeared at the hearing and admitted the breach.


appealdecision:


isappeal:


submissionsfordecision:

Mr Quirk, with the assistance of the videos, showed the position of Clasina Maria at the top of the straight and the run to the finish. He showed where Mr Williamson used his whip on 13 occasions inside the final 200m.

Mr Renault stated that Clasina Maria was placed three back on the running line entering the home straight. Mr Williamson took the passing lane option when it became available to him and struck the shaft five times with the whip. He then used his whip to a total of 13 times. However he said the last two were pushes not strikes.

Mr Williamson stated he had struck the sulky shaft five times when entering the passing lane. The rest of the whip use was just swishes, a couple were on the tail and the rest were rein and whip. He did not believe he felt he had done much at all.


reasonsfordecision:

After viewing the video and hearing the submissions of both parties the committee takes a different view of Mr Renault’s interpretation of the Whip Guidelines and Mr Williamson’s use of the whip. Mr Renault alleges Mr Williamson used his whip 13 times, five times when entering the passing lane and a further eight times to the finish. He concedes the last two were pushes. We agree with the number. However, we find the final eight strikes with the whip are a combination of strikes free of the rein, strikes with the rein and whip and pushes. This brings the total number of allowable strikes with the whip to less than ten.  The guidelines are simply that, a guide to assist committees to interpret the Whip rule. We find a breach of the Rule has not occurred. Having reached this conclusion Mr Williamson changed his plea to not admitting the breach. Mr Renault was then given the opportunity to withdraw the Information, or continue with the charge which he chose to do.

Following Mr Williamson’s change of plea there was no further evidence produced by Mr Renault to support the charge against Mr Williamson.


Decision:

The charge of excessive use of the whip against Mr Williamson is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: 869 (2) (a)


Informant: Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward


JockeysandTrainer: Mr M Williamson - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 24fe7c2cb598487ba06f577364593e4c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7baa39bb24d890193bc8ce6a64419675


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/12/2016


meet_title: Oamaru HRC - 3 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru HRC