Archive Decision

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Timaru HRC 7 October 2018 – R 5 – Chair, Mr D Anderson

ID: JCA14825

Applicant:
Mrs C Tibbs - Stipendiary Steward

Respondent(s):
Mr A Faulkes - Open Horseman

Other Person:
Mr S Renault - Stipendiary Steward, Mr D Wadley - Stipendiary Steward

Information Number:
A09997

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)and whip regulations

Plea:
admitted

Meet Title:
Timaru HRC - 7 October 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
GClapp

Race Date:
2018/10/07

Race Number:
R 5

Decision:

As Mr Faulks admitted the breach the charge was found proved.

Penalty:

Mr Faulks is fined $200.

Facts:

Following the running of Race 5 the “NEVELE R STUD MOBILE PACE”, an Information was filed by Stipendiary Steward, Mrs C Tibbs alleging a breach of Rule 869(2) by Open Horseman, Mr A Faulks. The Information stated that Mr Faulks used his whip in contravention of the use of whip guidelines.

Mr Renault told the Committee that Mr Faulks had left the course and he had contacted him by phone. He informed Mr Faulks the details of the charge. Mr Faulks was happy for the hearing to proceed without him and wished to confirm he admitted the breach.

Rule 869(2) provides No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner.

The Use of Whip Guidelines (effective 1 November 2017) provides (b) 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.

Mrs Tibbs used the race video to identify Mr Faulks driving (11) SHOT IN THE DARK angling out four or five wide entering the home straight. She pointed to Mr Faulks using his whip 11 times within the final 400 metres.

The Committee agreed with the number of strikes.

Submissions for Penalty:

Mrs Tibbs said that Mr Faulks has had 9 drives this season and 33 drives the previous season. She stated Mr Faulks was fined $200 on 3 December 2017 which was a good record. She said the Stewards were seeking a fine of $200 in this case.

Reasons for Penalty:

The Committee, in determining penalty, had regard to the Penalty Guide in the Use of the Whip Regulations and sliding scale for this number of strikes which is a fine of $200. The Committee saw no need to depart from the prescribed penalty.

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: 802e57c1b9298cc5c0d9b8c2ea22c4b4


informantnumber: A09997


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/10/2018


hearing_title: Timaru HRC 7 October 2018 - R 5 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 5 the “NEVELE R STUD MOBILE PACE”, an Information was filed by Stipendiary Steward, Mrs C Tibbs alleging a breach of Rule 869(2) by Open Horseman, Mr A Faulks. The Information stated that Mr Faulks used his whip in contravention of the use of whip guidelines.

Mr Renault told the Committee that Mr Faulks had left the course and he had contacted him by phone. He informed Mr Faulks the details of the charge. Mr Faulks was happy for the hearing to proceed without him and wished to confirm he admitted the breach.

Rule 869(2) provides No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner.

The Use of Whip Guidelines (effective 1 November 2017) provides (b) 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.

Mrs Tibbs used the race video to identify Mr Faulks driving (11) SHOT IN THE DARK angling out four or five wide entering the home straight. She pointed to Mr Faulks using his whip 11 times within the final 400 metres.

The Committee agreed with the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Faulks admitted the breach the charge was found proved.


sumissionsforpenalty:

Mrs Tibbs said that Mr Faulks has had 9 drives this season and 33 drives the previous season. She stated Mr Faulks was fined $200 on 3 December 2017 which was a good record. She said the Stewards were seeking a fine of $200 in this case.


reasonsforpenalty:

The Committee, in determining penalty, had regard to the Penalty Guide in the Use of the Whip Regulations and sliding scale for this number of strikes which is a fine of $200. The Committee saw no need to depart from the prescribed penalty.


penalty:

Mr Faulks is fined $200.


hearing_type: Hearing


Rules: 869(2)and whip regulations


Informant: Mrs C Tibbs - Stipendiary Steward


JockeysandTrainer: Mr A Faulkes - Open Horseman


Otherperson: Mr S Renault - Stipendiary Steward, Mr D Wadley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 889edfd026b8981bca1810bcb679a50f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f06a127e7a9a778a63cddc22f3875f84


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/10/2018


meet_title: Timaru HRC - 7 October 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: GClapp


meet_pm2: none


name: Timaru HRC