Timaru HRC 1 July 2018 – R 3 – Chair, Mr G J Clapp
ID: JCA15909
Meet Title:
Timaru HRC - 1 July 2018
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/07/01
Race Number:
R 3
Decision:
As the charge was admitted, the committee deemed the charge proved.
Penalty:
Mr Hope's Junior Horseman's licence is therefore suspended from conclusion of racing 1 July 2018 up to and including 8 July 2018.
Facts:
Following the running of Race 3 (More FM & Night ‘N Day Park Pace 2000m) Information A09966 was filed by Stipendiary Steward, Mr S Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “B Hope (A Better Dancer) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Hope had signed the Information acknowledging that he admitted the breach. Mr Hope was present at the hearing and assisted by Mr L McCormick, Open Horseman.
Rule 869 (2) States: “No Horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board”.
The Use of the Whip Regulation clause (b) reads: “No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky”.
Mr Wallis used the available films with the assistance of Mr Renault who identified A BETTER DANCER racing, in the parked position. On the run home Mr Wallis submitted that Mr Hope had activated his gear and then proceeded to use his whip on 11 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Hope with Mr McCormick told the committee that they agreed with the stewards as to the number of times that he had used his whip.
Submissions for Penalty:
Mr Wallis told the committee that Mr Hope was in his first full year of driving. He has had 101 drives this season. He said that Mr Hope has a previous breach of this rule at the Timaru meeting held at Addington on 26 April 2018. At that time, he was suspended for three days. Mr Hope has had 12 drives since returning from suspension. Mr Wallis submitted that when there is a second breach of this rule within 6 months that the JCA penalty guide recommends a suspension of 3 – 5 days. Mr Wallis said the Stewards believed that with the number of strikes totalling 11 that this was at the lower end of the scale and that the Stewards would be seeking a 3-day suspension of Mr Hope's horseman’s licence.
Mr Hope had no submissions.
Reasons for Penalty:
It is clear from the films that Mr Hope did use his whip 11 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. In mitigation the committee notes Mr Hope's early admission. We also take into account the Stewards' opinion that this was at lower end of the scale. The only aggravating feature was that this was a second breach inside six months. We agree with the Stewards on this occasion and believe a suspension of Mr Hope's Junior Horseman’s licence for a 3-day period is appropriate.
JCA Decision Fields (raw)
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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: e3931de4301e31d37cc04aaffe6d0800
informantnumber: A09966
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2018
hearing_title: Timaru HRC 1 July 2018 - R 3 - Chair, Mr G J Clapp
charge:
facts:
Following the running of Race 3 (More FM & Night ‘N Day Park Pace 2000m) Information A09966 was filed by Stipendiary Steward, Mr S Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “B Hope (A Better Dancer) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Hope had signed the Information acknowledging that he admitted the breach. Mr Hope was present at the hearing and assisted by Mr L McCormick, Open Horseman.
Rule 869 (2) States: “No Horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board”.
The Use of the Whip Regulation clause (b) reads: “No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky”.
Mr Wallis used the available films with the assistance of Mr Renault who identified A BETTER DANCER racing, in the parked position. On the run home Mr Wallis submitted that Mr Hope had activated his gear and then proceeded to use his whip on 11 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.
Mr Hope with Mr McCormick told the committee that they agreed with the stewards as to the number of times that he had used his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
Mr Wallis told the committee that Mr Hope was in his first full year of driving. He has had 101 drives this season. He said that Mr Hope has a previous breach of this rule at the Timaru meeting held at Addington on 26 April 2018. At that time, he was suspended for three days. Mr Hope has had 12 drives since returning from suspension. Mr Wallis submitted that when there is a second breach of this rule within 6 months that the JCA penalty guide recommends a suspension of 3 – 5 days. Mr Wallis said the Stewards believed that with the number of strikes totalling 11 that this was at the lower end of the scale and that the Stewards would be seeking a 3-day suspension of Mr Hope's horseman’s licence.
Mr Hope had no submissions.
reasonsforpenalty:
It is clear from the films that Mr Hope did use his whip 11 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. In mitigation the committee notes Mr Hope's early admission. We also take into account the Stewards' opinion that this was at lower end of the scale. The only aggravating feature was that this was a second breach inside six months. We agree with the Stewards on this occasion and believe a suspension of Mr Hope's Junior Horseman’s licence for a 3-day period is appropriate.
penalty:
Mr Hope's Junior Horseman's licence is therefore suspended from conclusion of racing 1 July 2018 up to and including 8 July 2018.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr B Hope - Junior Driver
Otherperson: Mr L D McCormick - Licensed Horseman, Mr Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: db8f3c4681545914f38fd2156f603cfe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ad7bc17be29712f03feffc5630a8f131
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/07/2018
meet_title: Timaru HRC - 1 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC