Timaru HRC 13 May 2012 – R 3
ID: JCA10977
Meet Title:
Timaru HRC - 13 May 2012
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2012/05/13
Race Number:
R3
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Harneiss was fined the sum of $200.
Charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
Facts:
Following the running of Race 3, the Norfolk Motors Pace, an Information was filed by Stipendiary Steward Mr S P Renault against Graduation Horseman Mr R A Harneiss, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
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 an excessive manner over the concluding stages when driving “Mar Rowl”.”
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.”
Submissions for Decision:
Mr Harneiss had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mr Harneiss’s horse was racing midfield at the 300m and from that point Mr Harneiss began to use the whip. Mr Harneiss continued to use the whip over the concluding stages with Mr Renault estimating 32 strikes on “Mar Rowl”. Mr Renault submitted that the strikes were not forceful and were rapid fire in action. He also submitted that it was a clear breach of the Rule with the number of strikes being excessive.
Mr Harneiss submitted that he had clearly breached the Rule and that was why he had admitted the charge.
Reasons for Decision:
As Mr Harneiss had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
Mr Renault submitted that Mr Harneiss should be given credit for his frank admission of the breach. He also stated that Mr Harneiss had a clear penalty record and was having his first drive for the season on this day, had 4 drives in the past season, 3 drives the season before and a total of 166 lifetime drives. Mr Renault submitted that there was an aggravating factor of 32 strikes with the whip but in mitigation the strikes had not been forceful. He submitted that a fine of between $250 and $300 be considered.
Mr Harneiss stated that he was in a position to pay a fine but did not wish make submissions on penalty.
Reasons for Penalty:
In determining penalty we took into consideration Mr Harneiss’s ready admission of the breach and his clear penalty record. We also considered the number of strikes and that they were not forceful. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200-00 was an appropriate penalty in this case.
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: 0f8eea46b7a7e95e9bff67c664f1c983
informantnumber: A5175
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: Timaru HRC 13 May 2012 - R 3
charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
facts:
Following the running of Race 3, the Norfolk Motors Pace, an Information was filed by Stipendiary Steward Mr S P Renault against Graduation Horseman Mr R A Harneiss, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
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 an excessive manner over the concluding stages when driving “Mar Rowl”.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Harneiss had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mr Harneiss’s horse was racing midfield at the 300m and from that point Mr Harneiss began to use the whip. Mr Harneiss continued to use the whip over the concluding stages with Mr Renault estimating 32 strikes on “Mar Rowl”. Mr Renault submitted that the strikes were not forceful and were rapid fire in action. He also submitted that it was a clear breach of the Rule with the number of strikes being excessive.
Mr Harneiss submitted that he had clearly breached the Rule and that was why he had admitted the charge.
reasonsfordecision:
As Mr Harneiss had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault submitted that Mr Harneiss should be given credit for his frank admission of the breach. He also stated that Mr Harneiss had a clear penalty record and was having his first drive for the season on this day, had 4 drives in the past season, 3 drives the season before and a total of 166 lifetime drives. Mr Renault submitted that there was an aggravating factor of 32 strikes with the whip but in mitigation the strikes had not been forceful. He submitted that a fine of between $250 and $300 be considered.
Mr Harneiss stated that he was in a position to pay a fine but did not wish make submissions on penalty.
reasonsforpenalty:
In determining penalty we took into consideration Mr Harneiss’s ready admission of the breach and his clear penalty record. We also considered the number of strikes and that they were not forceful. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200-00 was an appropriate penalty in this case.
penalty:
Accordingly Mr Harneiss was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: R A Harneiss-Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ddfc7690ad56ee29e9b1e5b6c7347229
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5c5ef98f56427a5f3d3745b79ad148a1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/05/2012
meet_title: Timaru HRC - 13 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Timaru HRC