Rangiora HRC 31 December 2010 – R 5 (heard 3 January 2011 at Rangiora)
ID: JCA21911
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 31 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2010/12/31
Race Number:
R 5
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mrs K. R. Williams
Defendant: Mr K. G. Cameron – Junior Horseman
Information No: 69338
Meeting: Rangiora Harness Racing Club
Date: 31 December 2010 (heard 3 January 2011 at Rangiora)
Venue: Addington Raceway
Race No. 5: Bailie’s Irish Bar & Restaurant Mobile Pace
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan, Chairman - J. Millar, Committee Member
Plea: Not Admitted.
Charge:
This matter was heard at the Amberley Trotting Club’s race meeting at Rangiora on 3 January 2011.
Following the running of Race 5, the Bailie’s Irish Bar & Restaurant Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Junior Horseman Mr K. G. Cameron alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that K. Cameron used the whip unnecessarily on Mattnsam rounding the final bend and in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Facts:
Mr Cameron had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Cameron is Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
Submissions:
Mrs Williams gave evidence and used video coverage to show that “”Mattnsam” (2) was in last place with over 300 metres to run, and clearly out of contention, with no reasonable chance of finishing in the first six places. Mr Cameron had used his whip on a number of occasions at that point, and on entering the straight had used his whip on several more occasions. Mrs Williams said that this use of the whip was unnecessary, especially the use in the straight when “Mattnsam” had dropped even further out of contention. Mrs Williams conceded that the use of the whip was “not hard”.
Mr Cameron said that he wanted to keep his horse going, as he didn’t believe it was doing its best. He said that he didn’t hit the horse hard, and kept his reins in his hands at all times. In answer to questions Mr Cameron accepted that his horse had no chance of figuring in the finish when he used his whip.
We adjourned to consider our decision.
Decision:
We were satisfied that “Mattnsam” was clearly out of contention at the 300 metre mark when it was last. When it entered the straight it was even further behind, and there was no justification for using the whip. On entering the straight Mr Cameron used his whip on several more occasions, and this was clearly unnecessary.
In relation to unnecessary use of the whip, the “Use of Whip” guidelines provide as follows.
“Unnecessary use of the whip includes –
i Striking an obviously beaten runner
ii Using whip after the winning post”
We were satisfied that the charge had been proved.
On resuming the hearing we advised the parties that a full written decision would be prepared later, and we gave the following oral decision.
“Having heard the evidence, and having seen the video coverage, we are satisfied that with about 300 metres to run “Mattnsam” was last. Mr Cameron was seen to use his whip on several occasions at this stage.
On reaching the straight “Mattnsam” was a clear last, and Mr Cameron again used his whip on several occasions, but with little force.
Mrs Williams said that “Mattnsam” was clearly not in contention and use of the whip in these circumstances was in breach of the Rules.
Mr Cameron said that he wanted to keep his horse going, as he didn’t believe that it was doing its best. He said he didn’t hit the horse hard, and kept the reins in his hands at all times.
Mr Cameron agreed that his horse was a beaten runner when entering the home straight, and this was clear to see from the video coverage.
The “Use of Whip” guidelines states that “unnecessary” use includes “striking an obviously beaten runner”.
We are satisfied that that Mr Cameron has breached the guidelines and the Rule, and we find the charge proved.”
Submissions on Penalty:
In relation to penalty Mrs Williams advised that Mr Cameron had a previous conviction under this Rule for excessive use of the whip on 28 December 2010 at Westport, and had been fined $150-00 on that occasion. Mrs Williams accepted that the use of the whip today had not been hard, and submitted that a fine of $200-00 should be imposed.
The matter of an appropriate penalty was discussed, and Mr Cameron said that he would prefer a suspension to a fine. Mrs Williams agreed that a suspension was an acceptable alternative penalty, and submitted that a two day suspension should be imposed.
Reasons:
We were satisfied that this breach was at the lower end of the scale, and that the whip use had not been hard. On the other hand, this was Mr Cameron’s second breach of Rule 869(2)(a) since 28 December 2010, and a fine of $200-00 would have been an appropriate fine.
We decided that a two day suspension was an appropriate penalty in this case.
Penalty:
Accordingly Mr Cameron’s Junior Horseman’s Licence was suspended from after the completion of racing today, the 3 January 2011, until after the completion of racing on 9 January 2011, which is effectively a two day suspension. The two days are the Nelson Harness Racing Club’s race meetings at Nelson on 7 and 9 January 2011.
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: d3aa880af4f7e8aa0f174f7d81ef0a8a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 31/12/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC 31 December 2010 - R 5 (heard 3 January 2011 at Rangiora)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mrs K. R. Williams
Defendant: Mr K. G. Cameron – Junior Horseman
Information No: 69338
Meeting: Rangiora Harness Racing Club
Date: 31 December 2010 (heard 3 January 2011 at Rangiora)
Venue: Addington Raceway
Race No. 5: Bailie’s Irish Bar & Restaurant Mobile Pace
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan, Chairman - J. Millar, Committee Member
Plea: Not Admitted.
Charge:
This matter was heard at the Amberley Trotting Club’s race meeting at Rangiora on 3 January 2011.
Following the running of Race 5, the Bailie’s Irish Bar & Restaurant Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Junior Horseman Mr K. G. Cameron alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that K. Cameron used the whip unnecessarily on Mattnsam rounding the final bend and in the run home.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Facts:
Mr Cameron had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Cameron is Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
Submissions:
Mrs Williams gave evidence and used video coverage to show that “”Mattnsam” (2) was in last place with over 300 metres to run, and clearly out of contention, with no reasonable chance of finishing in the first six places. Mr Cameron had used his whip on a number of occasions at that point, and on entering the straight had used his whip on several more occasions. Mrs Williams said that this use of the whip was unnecessary, especially the use in the straight when “Mattnsam” had dropped even further out of contention. Mrs Williams conceded that the use of the whip was “not hard”.
Mr Cameron said that he wanted to keep his horse going, as he didn’t believe it was doing its best. He said that he didn’t hit the horse hard, and kept his reins in his hands at all times. In answer to questions Mr Cameron accepted that his horse had no chance of figuring in the finish when he used his whip.
We adjourned to consider our decision.
Decision:
We were satisfied that “Mattnsam” was clearly out of contention at the 300 metre mark when it was last. When it entered the straight it was even further behind, and there was no justification for using the whip. On entering the straight Mr Cameron used his whip on several more occasions, and this was clearly unnecessary.
In relation to unnecessary use of the whip, the “Use of Whip” guidelines provide as follows.
“Unnecessary use of the whip includes –
i Striking an obviously beaten runner
ii Using whip after the winning post”
We were satisfied that the charge had been proved.
On resuming the hearing we advised the parties that a full written decision would be prepared later, and we gave the following oral decision.
“Having heard the evidence, and having seen the video coverage, we are satisfied that with about 300 metres to run “Mattnsam” was last. Mr Cameron was seen to use his whip on several occasions at this stage.
On reaching the straight “Mattnsam” was a clear last, and Mr Cameron again used his whip on several occasions, but with little force.
Mrs Williams said that “Mattnsam” was clearly not in contention and use of the whip in these circumstances was in breach of the Rules.
Mr Cameron said that he wanted to keep his horse going, as he didn’t believe that it was doing its best. He said he didn’t hit the horse hard, and kept the reins in his hands at all times.
Mr Cameron agreed that his horse was a beaten runner when entering the home straight, and this was clear to see from the video coverage.
The “Use of Whip” guidelines states that “unnecessary” use includes “striking an obviously beaten runner”.
We are satisfied that that Mr Cameron has breached the guidelines and the Rule, and we find the charge proved.”
Submissions on Penalty:
In relation to penalty Mrs Williams advised that Mr Cameron had a previous conviction under this Rule for excessive use of the whip on 28 December 2010 at Westport, and had been fined $150-00 on that occasion. Mrs Williams accepted that the use of the whip today had not been hard, and submitted that a fine of $200-00 should be imposed.
The matter of an appropriate penalty was discussed, and Mr Cameron said that he would prefer a suspension to a fine. Mrs Williams agreed that a suspension was an acceptable alternative penalty, and submitted that a two day suspension should be imposed.
Reasons:
We were satisfied that this breach was at the lower end of the scale, and that the whip use had not been hard. On the other hand, this was Mr Cameron’s second breach of Rule 869(2)(a) since 28 December 2010, and a fine of $200-00 would have been an appropriate fine.
We decided that a two day suspension was an appropriate penalty in this case.
Penalty:
Accordingly Mr Cameron’s Junior Horseman’s Licence was suspended from after the completion of racing today, the 3 January 2011, until after the completion of racing on 9 January 2011, which is effectively a two day suspension. The two days are the Nelson Harness Racing Club’s race meetings at Nelson on 7 and 9 January 2011.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869 (2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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meet_title: Rangiora HRC - 31 December 2010
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