Rangiora HRC 12 August 2018 – R 5 – Chair, Mr G Clapp
ID: JCA17446
Meet Title:
Rangiora HRC - 12 August 2018
Meet Chair:
GClapp
Meet Committee Member 1:
SChing
Race Date:
2018/08/12
Race Number:
R 5
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Hope's Junior Horseman licence is therefore suspended from conclusion of racing on 19 August 2018 up to and including 2 September 2018. This includes meetings at Addington 23/08/2018, Gore 26/08/2018, Addington 31/08/2018 and Forbury 02/09/2018.
Facts:
Following the running of Race 5 (The Robert Dunn “The Plough Hotel trainer of the year” Pace), Information A10239 was filed by Stipendiary Steward, Mr SW Wallis with the Judicial Committee. It alleged a breach of Rule 869(2)(b) in that “B Hope (A BETTER DANCER) used his whip on more occasions than permitted in Clause (b) of the use of the Whip Regulations”.
Mr Hope had signed the Information acknowledging that he admitted the breach. Mr Hope was present at the hearing and assisted by Mr DJ Dunn, Open Horseman.
Rule 869 (2) States: “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 Regulation clause (b) reads: “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 available films where he pointed out Mr Hope driving A BETTER DANCER in the three-wide position with cover at the 400 metre mark. On the run home Mr Wallis submitted that Mr Hope had proceeded to use his whip on 13 occasions within the final 400m and was in breach of the rule, specifically clause (b) of the Use of the Whip Regulations.
Mr Hope with Mr Dunn told the Committee that they agreed with the Stewards as to the number of times that he had used his whip.
Submissions for Penalty:
Mr Wallis told the committee that Mr Hope had 117 drives last season. He said that Mr Hope has had two previous breaches of this rule in the past four months. These being at the Timaru meeting held at Addington on 26 April 2018. At that time, he was suspended for three days. He was also suspended for three days at the Timaru meeting held at Timaru on 4 July 2018. Mr Hope has had 19 drives since returning from suspension. Mr Wallis submitted that when there is a second or subsequent breach of this rule within 6 months that the JCA Penalty Guide recommends a starting point of a suspension of 3 days. Mr Wallis said the Stewards believed that with the number of strikes totalling 13 this was at the lower end of the scale and that the Stewards would be seeking a 4-day suspension of Mr Hope's horseman’s licence.
Mr Hope had admitted that he needed to change his whip action.
Mr Dunn submitted that some of the strikes did not in fact strike the horse at all. He further added that his brother Mr J Dunn would be spending time with Mr Hope to try and change his whip action. He also said that Mr Hope would learn more by driving than sitting in the stands.
Mr Hope was reminded by the Committee that he had told us the same reasoning at previous hearings. He needs to work on his whip action.
Reasons for Penalty:
It is clear from the films that Mr Hope did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. In mitigation the Committee notes Mr Hope’s early admission. We also considered the Stewards opinion that this breach was at lower end of the scale. The only aggravating feature was that this was a third breach inside six months.
Mr Hope requested a deferment of penalty, which was granted.
We took the JCA penalty guide starting point of three days and believed that an uplift of a day was appropriate in these circumstances. We therefore determined that a 4 day suspension was an appropriate penalty.
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: e47ab69f6c55bc7c5dcdba64c29e149e
informantnumber: A10239
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/08/2018
hearing_title: Rangiora HRC 12 August 2018 - R 5 - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 5 (The Robert Dunn “The Plough Hotel trainer of the year” Pace), Information A10239 was filed by Stipendiary Steward, Mr SW Wallis with the Judicial Committee. It alleged a breach of Rule 869(2)(b) in that “B Hope (A BETTER DANCER) used his whip on more occasions than permitted in Clause (b) of the use of the Whip Regulations”.
Mr Hope had signed the Information acknowledging that he admitted the breach. Mr Hope was present at the hearing and assisted by Mr DJ Dunn, Open Horseman.
Rule 869 (2) States: “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 Regulation clause (b) reads: “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 available films where he pointed out Mr Hope driving A BETTER DANCER in the three-wide position with cover at the 400 metre mark. On the run home Mr Wallis submitted that Mr Hope had proceeded to use his whip on 13 occasions within the final 400m and was in breach of the rule, specifically clause (b) of the Use of the Whip Regulations.
Mr Hope with Mr Dunn told the Committee that they agreed with the Stewards as to the number of times that he had used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Wallis told the committee that Mr Hope had 117 drives last season. He said that Mr Hope has had two previous breaches of this rule in the past four months. These being at the Timaru meeting held at Addington on 26 April 2018. At that time, he was suspended for three days. He was also suspended for three days at the Timaru meeting held at Timaru on 4 July 2018. Mr Hope has had 19 drives since returning from suspension. Mr Wallis submitted that when there is a second or subsequent breach of this rule within 6 months that the JCA Penalty Guide recommends a starting point of a suspension of 3 days. Mr Wallis said the Stewards believed that with the number of strikes totalling 13 this was at the lower end of the scale and that the Stewards would be seeking a 4-day suspension of Mr Hope's horseman’s licence.
Mr Hope had admitted that he needed to change his whip action.
Mr Dunn submitted that some of the strikes did not in fact strike the horse at all. He further added that his brother Mr J Dunn would be spending time with Mr Hope to try and change his whip action. He also said that Mr Hope would learn more by driving than sitting in the stands.
Mr Hope was reminded by the Committee that he had told us the same reasoning at previous hearings. He needs to work on his whip action.
reasonsforpenalty:
It is clear from the films that Mr Hope did use his whip 13 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. In mitigation the Committee notes Mr Hope’s early admission. We also considered the Stewards opinion that this breach was at lower end of the scale. The only aggravating feature was that this was a third breach inside six months.
Mr Hope requested a deferment of penalty, which was granted.
We took the JCA penalty guide starting point of three days and believed that an uplift of a day was appropriate in these circumstances. We therefore determined that a 4 day suspension was an appropriate penalty.
penalty:
Mr Hope's Junior Horseman licence is therefore suspended from conclusion of racing on 19 August 2018 up to and including 2 September 2018. This includes meetings at Addington 23/08/2018, Gore 26/08/2018, Addington 31/08/2018 and Forbury 02/09/2018.
hearing_type: Hearing
Rules: 869(2)(b)
Informant: Mr SW Wallis - Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8f7e5ad6b19475fcb1b1ca70a819ad67
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4622bdd39aa304164636c213b0ceab0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/08/2018
meet_title: Rangiora HRC - 12 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC