Reefton TC 6 March 2016 – R 9 – Chair, R McKenzie
ID: JCA17838
Meet Title:
Reefton TC - 6 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/03/06
Race Number:
R9
Decision:
Mr Davis having admitted the charge, the charge was found proved.
Penalty:
Mr Davis was fined the sum of $300.00.
Facts:
Following the running of Race 9, Buccleugh’s On High Inangahua Grey Valley Cup, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P J Davis, alleging that Mr Davis, as the driver of CANNDEW in the race, “used his whip in an excessive manner over the concluding stages”.
Mr Davis had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Davis did not wish to attend the hearing of the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race: -
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed to the hearing side-on and head-on video replays of the final 200-300 metres of the race. He pointed to Mr Davis, driving CANNDEW, racing three places back on the markers before obtaining a run up the passing lane. After activating the sliding blinds on the horse, Mr Davis commenced using his whip. Mr Renault submitted that Mr Davis had used the whip 18 times, with no pauses or alternative actions. This was outside the Guidelines, Mr Renault submitted.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Davis has a good record under the Rule. He has had 116 drives in the current season to date.
Mr Davis had endorsed the following penalty submission on the information form:
"I consider it to be a low end of scale. Horse won by a nose and wouldn’t of [sic] won if I had hit it any less."
Mr Renault submitted that, having regard to Mr Davis’ admission of the breach and his good record, a fine of $300 was an appropriate penalty.
Reasons for Penalty:
In reaching its decision on penalty, the Committee took as its starting point the Penalty Guide starting point of a $500 fine. There were no real aggravating factors but mitigating factors were Mr Davis’ admission of the breach and his good record, as submitted by Mr Renault.
The breach was, in the Committee’s view, in the mid-range. Mr Davis’ submission as to the winning margin is not a mitigating factor.
The Committee was prepared to give Mr Davis a discount of $200 from the starting point for the mitigating factors referred to.
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: f41d9a9ae5d1e5d99d97cb4b597b8822
informantnumber: A3647
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/03/2016
hearing_title: Reefton TC 6 March 2016 - R 9 - Chair, R McKenzie
charge:
facts:
Following the running of Race 9, Buccleugh’s On High Inangahua Grey Valley Cup, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P J Davis, alleging that Mr Davis, as the driver of CANNDEW in the race, “used his whip in an excessive manner over the concluding stages”.
Mr Davis had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Davis did not wish to attend the hearing of the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race: -
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed to the hearing side-on and head-on video replays of the final 200-300 metres of the race. He pointed to Mr Davis, driving CANNDEW, racing three places back on the markers before obtaining a run up the passing lane. After activating the sliding blinds on the horse, Mr Davis commenced using his whip. Mr Renault submitted that Mr Davis had used the whip 18 times, with no pauses or alternative actions. This was outside the Guidelines, Mr Renault submitted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Davis having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Davis has a good record under the Rule. He has had 116 drives in the current season to date.
Mr Davis had endorsed the following penalty submission on the information form:
"I consider it to be a low end of scale. Horse won by a nose and wouldn’t of [sic] won if I had hit it any less."
Mr Renault submitted that, having regard to Mr Davis’ admission of the breach and his good record, a fine of $300 was an appropriate penalty.
reasonsforpenalty:
In reaching its decision on penalty, the Committee took as its starting point the Penalty Guide starting point of a $500 fine. There were no real aggravating factors but mitigating factors were Mr Davis’ admission of the breach and his good record, as submitted by Mr Renault.
The breach was, in the Committee’s view, in the mid-range. Mr Davis’ submission as to the winning margin is not a mitigating factor.
The Committee was prepared to give Mr Davis a discount of $200 from the starting point for the mitigating factors referred to.
penalty:
Mr Davis was fined the sum of $300.00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: P J Davis, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: da31beb40b9b0b0e1d65cb3fcb794a66
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 037d05a79544c670dfc194287f6343d6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/03/2016
meet_title: Reefton TC - 6 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Reefton TC