Reefton TC 30 December 2016 – R 7 – Chair, Mr S Ching
ID: JCA12511
Meet Title:
Reefton TC - 30 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/30
Race Number:
R7
Decision:
As Mr Harrington had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Harrington is fined the sum of $300.
Facts:
Following the running of Race 7, the Lantern Court Motel Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horseman, Mr J Harrington, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m when driving BUFFY BAY.
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.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Harrington had endorsed the Information that this breach of the Rules was admitted. Mr Harrington had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis at the hearing. He also confirmed that Mr Harington had declined assistance by a senior horseman at the Stewards investigation into the incident.
Mr Wallis gave evidence and showed video replays of the final 400m of the race. He pointed out Mr Harrington driving BUFFY BAY, entering the home straight, inside the 400m when racing 2 back on the pylons and in the trail. He stated that after turning for home near the 200m, Mr Harrington, after utilising the passing lane and activating the horses gear, used his whip free of the rein on 12 occasions over the final stages. Mr Wallis stated that this number was made up by 8 fore hand strikes and 4 backhander strikes. He also stated Mr Harrington did not dispute the number of strikes alleged.
Submissions for Penalty:
Mr Wallis stated that Mr Harrington was a Junior Horseman and had driven on 36 occasions last season with drives this season of 44 to date. He stated that Mr Harrington is now a Public trainer and would be driving more regularly in the future due to driving the majority of his team on future race days. He said that Mr Harrington had a clear record in regard to this rule and had readily admitted the breach. Mr Wallis submitted that after taking all mitigating factors into consideration, including Mr Harrington’s admission of the breach and his good record, that a fine of $300 be considered as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide recommends a $500 fine as a starting point for a breach of this Rule. In adopting the starting point of a $500 fine the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. We were however, able to afford Mr Harrington a discount of $100 for his admission of the breach and a further discount of $100 for his good record and his status as a Junior Horseman. We therefore determined that an appropriate penalty in this case was a fine of $300.
Decision Date: 02/01/2017
Publish Date: 02/01/2017
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: 65b6779ad3d1738308f73314b546f9fc
informantnumber: A8447
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2017
hearing_title: Reefton TC 30 December 2016 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Lantern Court Motel Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horseman, Mr J Harrington, alleging a breach of Rule 869(2)(a) in that he used his whip excessively inside the final 400m when driving BUFFY BAY.
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.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Harrington had endorsed the Information that this breach of the Rules was admitted. Mr Harrington had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Wallis at the hearing. He also confirmed that Mr Harington had declined assistance by a senior horseman at the Stewards investigation into the incident.
Mr Wallis gave evidence and showed video replays of the final 400m of the race. He pointed out Mr Harrington driving BUFFY BAY, entering the home straight, inside the 400m when racing 2 back on the pylons and in the trail. He stated that after turning for home near the 200m, Mr Harrington, after utilising the passing lane and activating the horses gear, used his whip free of the rein on 12 occasions over the final stages. Mr Wallis stated that this number was made up by 8 fore hand strikes and 4 backhander strikes. He also stated Mr Harrington did not dispute the number of strikes alleged.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Harrington 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 Harrington was a Junior Horseman and had driven on 36 occasions last season with drives this season of 44 to date. He stated that Mr Harrington is now a Public trainer and would be driving more regularly in the future due to driving the majority of his team on future race days. He said that Mr Harrington had a clear record in regard to this rule and had readily admitted the breach. Mr Wallis submitted that after taking all mitigating factors into consideration, including Mr Harrington’s admission of the breach and his good record, that a fine of $300 be considered as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide recommends a $500 fine as a starting point for a breach of this Rule. In adopting the starting point of a $500 fine the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. We were however, able to afford Mr Harrington a discount of $100 for his admission of the breach and a further discount of $100 for his good record and his status as a Junior Horseman. We therefore determined that an appropriate penalty in this case was a fine of $300.
penalty:
Accordingly, Mr Harrington is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr -J Harrington - Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 84702ee3223bd9c264544d554429710c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ccf52b769082c8f29d81203432d935e0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2016
meet_title: Reefton TC - 30 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Reefton TC