Timaru HRC 12 May 2013 – R 1
ID: JCA13766
Meet Title:
Timaru HRC - 12 May 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/05/12
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Wheeler was fined the sum of $200-00.
Charge:
Alleged excssive use of whip
Facts:
Following the running of Race 1, the Monarchy Mobile Trot, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr J. P. Wheeler alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “Overanova” (8).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in a manner which Stewards deem to be excessive when driving “Overanova”.”
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.”
Mr Wheeler had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wheeler also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mr Wheeler had used his whip on about 30 – 35 occasions in the home straight, with minimal pauses. Mr Renault also said that very few of these strikes were on the horse itself.
Mr Wheeler did not dispute the number of times he had used his whip, and said that he needed to learn to use his whip correctly.
Reasons for Decision:
As Mr Wheeler had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Wheeler had not previously breached this Rule and had admitted the breach. It was also relevant that very few of the strikes had been on the horse itself. Mr Wheeler has had 4 drives so far this season and no drives last season. Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mr Wheeler had no submissions to make with regard to penalty.
Reasons for Penalty:
After considering the submissions on penalty we took into account that Mr Wheeler had admitted the breach and had not breached this Rule previously. There were no aggravating circumstances. Taking all matters into account we were satisfied that a fine of $200-00 should be imposed 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: 61def94295e01154a403d862a55fe0d8
informantnumber: A1961
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: Timaru HRC 12 May 2013 - R 1
charge:
Alleged excssive use of whip
facts:
Following the running of Race 1, the Monarchy Mobile Trot, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr J. P. Wheeler alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “Overanova” (8).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in a manner which Stewards deem to be excessive when driving “Overanova”.”
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.”
Mr Wheeler had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wheeler also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mr Wheeler had used his whip on about 30 – 35 occasions in the home straight, with minimal pauses. Mr Renault also said that very few of these strikes were on the horse itself.
Mr Wheeler did not dispute the number of times he had used his whip, and said that he needed to learn to use his whip correctly.
reasonsfordecision:
As Mr Wheeler had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Wheeler had not previously breached this Rule and had admitted the breach. It was also relevant that very few of the strikes had been on the horse itself. Mr Wheeler has had 4 drives so far this season and no drives last season. Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mr Wheeler had no submissions to make with regard to penalty.
reasonsforpenalty:
After considering the submissions on penalty we took into account that Mr Wheeler had admitted the breach and had not breached this Rule previously. There were no aggravating circumstances. Taking all matters into account we were satisfied that a fine of $200-00 should be imposed in this case.
penalty:
Mr Wheeler was fined the sum of $200-00.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mr J. P. Wheeler - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bb425e8f38777d9ddb00125d261b54a8
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: 12f85eb4eb478aeecaeecf402e007e77
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2013
meet_title: Timaru HRC - 12 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Timaru HRC