Rangiora HRC 22 July 2018 – R 4 – Chair, Mr D Anderson
ID: JCA14953
Meet Title:
Rangiora HRC - 22 July 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
DJackson
Race Date:
2018/07/22
Race Number:
R 4
Decision:
As Mr Close admitted the breach the charge was found proved.
Penalty:
Mr Closes licence to drive is suspended from the conclusion of racing today up to and including racing on the 5th August 2018.
Days encompassed in this suspension are:
27th July 2018 at Addington
29th July 2018 at Oamaru
3rd August 2018 at Addington
5th August 2018 at Forbury Park
Facts:
Following the running of Race 4 the “BALCAIRN MOBILE PACE” an Information was filed by Stipendiary Steward, Mr S Wallis alleging a breach of Rule 869(2) by Open Horseman, Mr R Close. The Information stated that Mr Close used his whip in contravention of the use of whip guidelines.
Mr Close signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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 Wallis used the race video to identify Mr Close driving (4) GUNA racing 4 back on the rails approaching the home straight. He pointed to Mr Close using his whip 13 times within the final 400 metres.
Mr Wallis stated that Mr Close disputed 2 of the strikes.
The Committee viewed the films and carefully counted 13 strikes.
Submissions for Penalty:
Mr Wallis said that Mr Close has had 291 drives this season and this was his third breach of the rule. He stated Mr Close was fined $200 on the 4th February and suspended for 3 days on the 31st May. The Stewards would be seeking a 4-day suspension on this occasion. Mr Close was made aware of this by Stewards and did not, through them, seek a deferment.
Reasons for Penalty:
The Committee, carefully considered all the evidence and submissions available to them. We have adopted the JCA penalty guideline for a second or subsequent breach of this rule which is a 3 to 5-day suspension.
The aggravating factor is this is Mr Closes 3 rd breach in the last 6 months.
In mitigation we considered the relatively low number of strikes and his admission.
The Committee after considering the combination of the above factors imposed a 4-day suspension as 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: 90cda4b59b0578c6f7650e9ea39aae39
informantnumber: A10810
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/07/2018
hearing_title: Rangiora HRC 22 July 2018 - R 4 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 4 the “BALCAIRN MOBILE PACE” an Information was filed by Stipendiary Steward, Mr S Wallis alleging a breach of Rule 869(2) by Open Horseman, Mr R Close. The Information stated that Mr Close used his whip in contravention of the use of whip guidelines.
Mr Close signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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 Wallis used the race video to identify Mr Close driving (4) GUNA racing 4 back on the rails approaching the home straight. He pointed to Mr Close using his whip 13 times within the final 400 metres.
Mr Wallis stated that Mr Close disputed 2 of the strikes.
The Committee viewed the films and carefully counted 13 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Close admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis said that Mr Close has had 291 drives this season and this was his third breach of the rule. He stated Mr Close was fined $200 on the 4th February and suspended for 3 days on the 31st May. The Stewards would be seeking a 4-day suspension on this occasion. Mr Close was made aware of this by Stewards and did not, through them, seek a deferment.
reasonsforpenalty:
The Committee, carefully considered all the evidence and submissions available to them. We have adopted the JCA penalty guideline for a second or subsequent breach of this rule which is a 3 to 5-day suspension.
The aggravating factor is this is Mr Closes 3 rd breach in the last 6 months.
In mitigation we considered the relatively low number of strikes and his admission.
The Committee after considering the combination of the above factors imposed a 4-day suspension as an appropriate penalty.
penalty:
Mr Closes licence to drive is suspended from the conclusion of racing today up to and including racing on the 5th August 2018.
Days encompassed in this suspension are:
27th July 2018 at Addington
29th July 2018 at Oamaru
3rd August 2018 at Addington
5th August 2018 at Forbury Park
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr R Close - Open Horseman
Otherperson: Mr D Wadley - Stipendiary Steward, Mrs K Williams - Racing Investigator (observing)
PersonPresent:
Respondent:
StipendSteward:
raceid: 039963d6833f4dbb4c248b2825a7fb09
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a92a4695a8278ec61bbec1fd4de48336
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2018
meet_title: Rangiora HRC - 22 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: DJackson
meet_pm2: none
name: Rangiora HRC