Archive Decision

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Rangiora HRC 7 May 2017 – R 1 – Chair, Mr S Ching

ID: JCA11879

Applicant:
S Wallis-Stipendiary Steward

Respondent(s):
Names:-A White-Licensed Advanced Amateur Horseman

Other Person:
Mr R Quirk - Stipendiary Steward

Information Number:
A9052

Hearing Type:
Hearing

New Charge:
Breach of Rule 869(2)(a)-excessive use of the whip.

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Rangiora HRC - 7 May 2017

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2017/05/07

Race Number:
R1

Decision:

As Mr White had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Mr White was fined the sum of $400.

Facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB’s and Tavern Harewood Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Advanced Amateur Horseman Mr A White alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m.

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.”

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr White had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.

Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr R Quirk, of the run home. He pointed out Mr White, driving SWEET AS, positioned 3 wide and in a prominent position as the field turned for home. Mr Wallis stated that Mr White drew the whip and used it free of the rein on 16 occasions over the final stages. Mr Wallis stated that 16 strikes was clearly well over the Guidelines limit of 10 strikes over the last 400m of the race.

Mr White did not dispute the number of strikes being 16. He also stated that he was counting his strikes after turning for home but lost count due to being in a close finish and only winning by a ½ head margin. He said that the trainer and owners had told him the horse needed a bit of encouragement. Mr White stated that he pulled the blinds and thought he was going to win easy but gave the horse a couple of extra strikes to get him over the line which he knew was over the Whip Guidelines limit.

Submissions for Penalty:

Mr Wallis stated that Mr White was a busy Amateur Horseman and had driven on 12 occasions last season with drives this season 9 to date. Mr Wallis stated that Mr White had a clear record in regard to this Rule since the inception of the new Whip Guidelines on 1 December 2016 and had admitted the breach at the first opportunity.

Mr Wallis stated that the JCA Penalty Guide recommended a starting point of a $500 fine or a 2-day suspension for a breach of this rule. He submitted that aggravating factors were the number of strikes being 6 over the limit of 10 and the fact that without the extra encouragement, as admitted by Mr White, he may not have got up and won the race. He said a fine would be an appropriate penalty and that he would leave it up to the Committee as to the level of that fine.

Mr White stated that he would prefer a fine as penalty as he was intending to drive in the New Zealand Amateur Driving Champs in 2 weeks’ time.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for an initial breach of this rule. The Committee determined that an appropriate penalty in this case was a fine. In adopting the JCA Penalty Guide starting point of a $500 fine we found the aggravating factors warranted an uplift in penalty which we set at $100. We were however able to afford Mr White a discount of $100 for his clear record and a further discount of $100 for his ready admission of the breach. We therefore determined that a fine of $400 was an appropriate penalty in this case.

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: 2976736a163d6049dd897699ba9792cc


informantnumber: A9052


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.


plea: admitted


penaltyrequired: 1


decisiondate: 10/05/2017


hearing_title: Rangiora HRC 7 May 2017 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB’s and Tavern Harewood Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Advanced Amateur Horseman Mr A White alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m.

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.”

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr White had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.

Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr R Quirk, of the run home. He pointed out Mr White, driving SWEET AS, positioned 3 wide and in a prominent position as the field turned for home. Mr Wallis stated that Mr White drew the whip and used it free of the rein on 16 occasions over the final stages. Mr Wallis stated that 16 strikes was clearly well over the Guidelines limit of 10 strikes over the last 400m of the race.

Mr White did not dispute the number of strikes being 16. He also stated that he was counting his strikes after turning for home but lost count due to being in a close finish and only winning by a ½ head margin. He said that the trainer and owners had told him the horse needed a bit of encouragement. Mr White stated that he pulled the blinds and thought he was going to win easy but gave the horse a couple of extra strikes to get him over the line which he knew was over the Whip Guidelines limit.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr White had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Wallis stated that Mr White was a busy Amateur Horseman and had driven on 12 occasions last season with drives this season 9 to date. Mr Wallis stated that Mr White had a clear record in regard to this Rule since the inception of the new Whip Guidelines on 1 December 2016 and had admitted the breach at the first opportunity.

Mr Wallis stated that the JCA Penalty Guide recommended a starting point of a $500 fine or a 2-day suspension for a breach of this rule. He submitted that aggravating factors were the number of strikes being 6 over the limit of 10 and the fact that without the extra encouragement, as admitted by Mr White, he may not have got up and won the race. He said a fine would be an appropriate penalty and that he would leave it up to the Committee as to the level of that fine.

Mr White stated that he would prefer a fine as penalty as he was intending to drive in the New Zealand Amateur Driving Champs in 2 weeks’ time.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for an initial breach of this rule. The Committee determined that an appropriate penalty in this case was a fine. In adopting the JCA Penalty Guide starting point of a $500 fine we found the aggravating factors warranted an uplift in penalty which we set at $100. We were however able to afford Mr White a discount of $100 for his clear record and a further discount of $100 for his ready admission of the breach. We therefore determined that a fine of $400 was an appropriate penalty in this case.


penalty:

Accordingly, Mr White was fined the sum of $400.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: S Wallis-Stipendiary Steward


JockeysandTrainer: Names:-A White-Licensed Advanced Amateur Horseman


Otherperson: Mr R Quirk - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b676572c4c235369d6b6a2f32946215f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4fc7c32e046b5738f23d499a21d30886


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/05/2017


meet_title: Rangiora HRC - 7 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Rangiora HRC