Archive Decision

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Rangiora HRC – 28 June 2009 – Race 8

ID: JCA18887

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Rangiora HRC - 28 June 2009

Race Date:
2009/06/28

Race Number:
Race 8

Decision:

Following the running of Race 8, Parklands Pawnbrokers Three-Year-Old Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G W Hunt, alleging a breach of Rule 869 (2) (a), in that Mr Hunt, “as the driver of NOTHINGSWEETABOUTME used his whip excessively in the run home”.

--

 



Following the running of Race 8, Parklands Pawnbrokers Three-Year-Old Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G W Hunt, alleging a breach of Rule 869 (2) (a), in that Mr Hunt, “as the driver of NOTHINGSWEETABOUTME used his whip excessively in the run home”.

--

Mr Hunt was present at the hearing of the information and did not admit the breach.

--

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, showed a video replay of the final stages of the race. She pointed out Mr Hunt on NOTHINGSWEETABOUTME in the one-out, one-back position entering the home straight. Mr Renault alleged that Mr Hunt then used the whip approximately 22-23 times from the 300 metres to the finishing line in a mostly continuous manner with no discernible pauses. Mr Hunt submitted that the final few strikes were not visible on the video replay.

--

Mr Hunt submitted that he had paused briefly (for 2-3 strides) in his use of the whip half-way down the straight. Further, he said, the Stipendiary Stewards did not advertise how many strikes of the whip were acceptable before a charge of excessive use would be brought. He accepted that the Stipendiary Stewards’ assessment of the number of strikes was accurate. Further, he acknowledged that he was familiar with the Guidelines issued by the Stewards regarding use of the whip.

--

Mr Hunt explained that the reason he continued to drive the horse out was that it was in 5th position and he had assumed that there was a stake payable for 5th placing in the Race. He said that the horse was caught right on the line for the 5th placing.

--

Following a brief deliberation, the Committee delivered the following oral decision:
“In this case, the Stipendiary Stewards allege that Mr Hunt used his whip on 22-23 occasions between the home turn and the finishing line in a continuous manner with no discernible pauses. Mr Hunt did not dispute the alleged number of strikes but submitted that he did pause briefly on one occasion. He said he continued to use the whip because he thought he had a good chance of finishing in 5th placing - he mistakenly believed that there was a 5th stake payable for the Race. He submitted that the Stewards do not make it known how many strikes of the whip are acceptable.
Having viewed the video replay and listened to the submissions of Mr Renault and Mr Hunt, the Committee is satisfied that Mr Hunt did indeed use his whip on 22-23 occasions between the home turn and the finishing line and that he did so in a manner that was continuous and with no discernible pauses. The Committee observes that some of the strikes were made with some vigour.
We are satisfied that the charge has been proved”.   

--

In relation to penalty, Mr Renault informed the Committee that Mr Hunt has had 60 drives this season. He had breached the excessive use of the whip Rule on two recent occasions – on 15 February 2009 (fined $200) and 5 April 2009 (fined $300). Mr Renault recommended a fine of $400 or a suspension for a term of 3 weeks.

--

Mr Hunt submitted that a fine was appropriate.

--

The Committee took into account, in determining penalty, Mr Hunt’s record, which was not a good one. The penalty needed to deter Mr Hunt from offending again. It was decided that a fine of $400 was an adequate deterrent and Mr Hunt was fined the sum of $400.

--

The Committee records that, should Mr Hunt breach the excessive use of the whip Rule in the future, it is likely that his licence will be suspended for a term which is likely to be considerable. Persistently breaching the Rule will not be condoned. 

--

R G McKenzie
CHAIR
68031

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: 284bbaa31f834d85dd375747b5507580


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 28/06/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 28 June 2009 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 8, Parklands Pawnbrokers Three-Year-Old Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G W Hunt, alleging a breach of Rule 869 (2) (a), in that Mr Hunt, “as the driver of NOTHINGSWEETABOUTME used his whip excessively in the run home”.

--

 



Following the running of Race 8, Parklands Pawnbrokers Three-Year-Old Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr G W Hunt, alleging a breach of Rule 869 (2) (a), in that Mr Hunt, “as the driver of NOTHINGSWEETABOUTME used his whip excessively in the run home”.

--

Mr Hunt was present at the hearing of the information and did not admit the breach.

--

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, showed a video replay of the final stages of the race. She pointed out Mr Hunt on NOTHINGSWEETABOUTME in the one-out, one-back position entering the home straight. Mr Renault alleged that Mr Hunt then used the whip approximately 22-23 times from the 300 metres to the finishing line in a mostly continuous manner with no discernible pauses. Mr Hunt submitted that the final few strikes were not visible on the video replay.

--

Mr Hunt submitted that he had paused briefly (for 2-3 strides) in his use of the whip half-way down the straight. Further, he said, the Stipendiary Stewards did not advertise how many strikes of the whip were acceptable before a charge of excessive use would be brought. He accepted that the Stipendiary Stewards’ assessment of the number of strikes was accurate. Further, he acknowledged that he was familiar with the Guidelines issued by the Stewards regarding use of the whip.

--

Mr Hunt explained that the reason he continued to drive the horse out was that it was in 5th position and he had assumed that there was a stake payable for 5th placing in the Race. He said that the horse was caught right on the line for the 5th placing.

--

Following a brief deliberation, the Committee delivered the following oral decision:
“In this case, the Stipendiary Stewards allege that Mr Hunt used his whip on 22-23 occasions between the home turn and the finishing line in a continuous manner with no discernible pauses. Mr Hunt did not dispute the alleged number of strikes but submitted that he did pause briefly on one occasion. He said he continued to use the whip because he thought he had a good chance of finishing in 5th placing - he mistakenly believed that there was a 5th stake payable for the Race. He submitted that the Stewards do not make it known how many strikes of the whip are acceptable.
Having viewed the video replay and listened to the submissions of Mr Renault and Mr Hunt, the Committee is satisfied that Mr Hunt did indeed use his whip on 22-23 occasions between the home turn and the finishing line and that he did so in a manner that was continuous and with no discernible pauses. The Committee observes that some of the strikes were made with some vigour.
We are satisfied that the charge has been proved”.   

--

In relation to penalty, Mr Renault informed the Committee that Mr Hunt has had 60 drives this season. He had breached the excessive use of the whip Rule on two recent occasions – on 15 February 2009 (fined $200) and 5 April 2009 (fined $300). Mr Renault recommended a fine of $400 or a suspension for a term of 3 weeks.

--

Mr Hunt submitted that a fine was appropriate.

--

The Committee took into account, in determining penalty, Mr Hunt’s record, which was not a good one. The penalty needed to deter Mr Hunt from offending again. It was decided that a fine of $400 was an adequate deterrent and Mr Hunt was fined the sum of $400.

--

The Committee records that, should Mr Hunt breach the excessive use of the whip Rule in the future, it is likely that his licence will be suspended for a term which is likely to be considerable. Persistently breaching the Rule will not be condoned. 

--

R G McKenzie
CHAIR
68031


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


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PersonPresent:


Respondent:


StipendSteward:


raceid: c5050cb3f66a4e1343a64e9d06a98aa8


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meetdate: 28/06/2009


meet_title: Rangiora HRC - 28 June 2009


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