Archive Decision

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Rangiora HRC – 22 December 2009 – Race 4

ID: JCA19211

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Rangiora HRC - 22 December 2009

Race Date:
2009/12/22

Race Number:
Race 4

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--


Information No: 68205

--

Meeting: Rangiora Harness Racing Club  Date: 22 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 4

--

Rule(s): 869 (2) (a)

--

Judicial Committee:    Chairman: R G McKenzie,  Panel Member:    J M Phelan  

--

Plea:                              Admitted                       

--

Appearing:

--

                Informant:  S P Renault, Stipendiary Steward

--

                Defendant:  G A Payne, Licensed Open Horseman

--


DECISION AND REASONS:
Following the running of Race 4, R Redpath Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (2) (a) by Licensed Open Horseman, Mr G A Payne, in that as the driver of MARCOLBER in the Race, “used his whip excessively over the final 400 metres”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--


Information No: 68205

--

Meeting: Rangiora Harness Racing Club  Date: 22 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 4

--

Rule(s): 869 (2) (a)

--

Judicial Committee:  Chairman: R G McKenzie,  Panel Member:    J M Phelan  

--

Plea:                              Admitted                       

--

Appearing:

--

                Informant:  S P Renault, Stipendiary Steward

--

                Defendant:  G A Payne, Licensed Open Horseman

--


DECISION AND REASONS:

--

Following the running of Race 4, R Redpath Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (2) (a) by Licensed Open Horseman, Mr G A Payne, in that as the driver of MARCOLBER in the Race, “used his whip excessively over the final 400 metres”.

--

Mr Payne was present at the hearing of the information and he indicated that he admitted the breach. The breach was found proved accordingly.

--

Rule 869 provides as follows:
(2)  No horseman shall during any race:-
 (a)  use his whip in an unnecessary, excessive or improper manner.

--

Mrs K R Williams, Stipendiary Steward, alleged that Mr Payne had used his whip approximately 26 times from the 400 metres which was excessive. She showed a video replay of the final 400 metres of the Race which confirmed her allegation and it was not disputed by Mr Payne.

--

Mrs Williams informed the Committee that Mr Payne had expressed to her a preference for a suspension over a fine. In those circumstances, she recommended a term of suspension of 2 weeks, instead of a $200 fine. She stated that Mr Payne drives only rarely at race meetings, limiting himself to driving mainly at trials.

--

Mr Payne said that he was using a “short whip” and it was not connecting with the horse on each stroke. Having said that, he acknowledged that, under the guidelines, it was not necessary for the horse to be struck. He was aware of the provisions of the guidelines. He confirmed that he would prefer a suspension to a fine.

--

The Committee took into account Mr Payne’s admission of the breach and his previous good record. It also took into account that Mr Payne drives infrequently.

--

Mr Payne’s horseman’s licence was suspended from the close of racing on 22 December 2009 up to and including 3 January 2010. This period encompassed, potentially, six days.

--


R G McKenzie       J M Phelan
CHAIR                   Committee Member
68205

--


 

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: 34105d8492130bb609b22e6f749ec6c0


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 22/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 22 December 2009 - Race 4


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--


Information No: 68205

--

Meeting: Rangiora Harness Racing Club  Date: 22 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 4

--

Rule(s): 869 (2) (a)

--

Judicial Committee:    Chairman: R G McKenzie,  Panel Member:    J M Phelan  

--

Plea:                              Admitted                       

--

Appearing:

--

                Informant:  S P Renault, Stipendiary Steward

--

                Defendant:  G A Payne, Licensed Open Horseman

--


DECISION AND REASONS:
Following the running of Race 4, R Redpath Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (2) (a) by Licensed Open Horseman, Mr G A Payne, in that as the driver of MARCOLBER in the Race, “used his whip excessively over the final 400 metres”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--


Information No: 68205

--

Meeting: Rangiora Harness Racing Club  Date: 22 December 2009

--

Venue: Addington Raceway, Christchurch Race No: 4

--

Rule(s): 869 (2) (a)

--

Judicial Committee:  Chairman: R G McKenzie,  Panel Member:    J M Phelan  

--

Plea:                              Admitted                       

--

Appearing:

--

                Informant:  S P Renault, Stipendiary Steward

--

                Defendant:  G A Payne, Licensed Open Horseman

--


DECISION AND REASONS:

--

Following the running of Race 4, R Redpath Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, alleging a breach of Rule 869 (2) (a) by Licensed Open Horseman, Mr G A Payne, in that as the driver of MARCOLBER in the Race, “used his whip excessively over the final 400 metres”.

--

Mr Payne was present at the hearing of the information and he indicated that he admitted the breach. The breach was found proved accordingly.

--

Rule 869 provides as follows:
(2)  No horseman shall during any race:-
 (a)  use his whip in an unnecessary, excessive or improper manner.

--

Mrs K R Williams, Stipendiary Steward, alleged that Mr Payne had used his whip approximately 26 times from the 400 metres which was excessive. She showed a video replay of the final 400 metres of the Race which confirmed her allegation and it was not disputed by Mr Payne.

--

Mrs Williams informed the Committee that Mr Payne had expressed to her a preference for a suspension over a fine. In those circumstances, she recommended a term of suspension of 2 weeks, instead of a $200 fine. She stated that Mr Payne drives only rarely at race meetings, limiting himself to driving mainly at trials.

--

Mr Payne said that he was using a “short whip” and it was not connecting with the horse on each stroke. Having said that, he acknowledged that, under the guidelines, it was not necessary for the horse to be struck. He was aware of the provisions of the guidelines. He confirmed that he would prefer a suspension to a fine.

--

The Committee took into account Mr Payne’s admission of the breach and his previous good record. It also took into account that Mr Payne drives infrequently.

--

Mr Payne’s horseman’s licence was suspended from the close of racing on 22 December 2009 up to and including 3 January 2010. This period encompassed, potentially, six days.

--


R G McKenzie       J M Phelan
CHAIR                   Committee Member
68205

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4f382b2b90daacf685bd74322fca3d53


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


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meet_emailed2: 0


meetdate: 22/12/2009


meet_title: Rangiora HRC - 22 December 2009


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tracklocation: rangiora-hrc


meet_racingtype: harness-racing


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name: Rangiora HRC