Waikato BOP H 21 March 2019 – R 1 – Chair, Mr A Godsalve
ID: JCA17518
Meet Title:
Harness Racing Waikato - 21 March 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/03/21
Race Number:
R1
Decision:
As Mr Frampton has admitted the breach we find the charge proved.
Penalty:
The Committee imposed a fine of $200 on Mr Frampton. We advised him that a 2nd breach of the Rule within the following 6 months would attract a period of suspension of his drivers license.
Facts:
Following the running of Race 1, the Crack Up Quiz Night 16th May Mobile Pace 2200 an Information was presented by Mr Mulcay. He alleged that Amateur Horseman Mr R Frampton 'used his whip outside the sulky confines early in the run home when striking his wheel disc.'
Mr Frampton was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 869(2) provides that: '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 Regulations (h) state: 'No horseman shall allow their whip to project outside the confines of the sulky, including making contact with the sulky wheels. The whip shall also not be drawn back further than the sulky seat and used with undue force'.
Using the films Mr Mulcay identified the horse LIBERAL ARDEN, driven by Mr Frampton as the field entered the home straight. LIBERAL ARDEN was at the time in a trailing position on the leader's back. It was apparent that Mr Frampton steered the horse towards the passing lane, and then used his whip in a clear striking motion and struck the wheel disc 3 or 4 times. LIBERAL ARDEN went on to win the race.
Mr Frampton said that he was told by the trainer of the horse not to hit the horse with his whip. He said he struck the wheel disc to 'make a noise' and to encourage the horse to give its best. He added that while he was aware of the general Rules applying to the use of the whip he did not realise that he was not permitted to strike the wheel.
Submissions for Penalty:
Mr Mulcay advised the Committee that Mr Frampton had not previously breached the Rule or Regulations in respect of his use of the whip. He added that it was to Mr Frampton's credit that he had admitted the breach, and that there was no suggestion that any pain had been inflicted on the horse or that any undue advantage had been gained by his actions. The Stewards believed that some reduction on the starting point of a $300 fine could be extended to Mr Frampton.
Mr Frampton asked that the Committee take note of his admission and his clear record when assessing the level of fine to be imposed.
Reasons for Penalty:
The Committee confirmed that a breach of this Rule attracted a starting point of a fine of $300 as per the JCA Penalty Guidelines. We took note of Mr Frampton's admission and his clear record. There were no other breaches of this particular Regulation in the information available to the Committee to base their decision on. We did not consider Mr Frampton had any 'illegal' intent in mind when he struck the sulky wheel with his whip, and considered that he just did not know it was against the Rule. For these reasons we believed a reduction on the starting point was in order.
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: ec766956b638fe1e1ed715ae86d02a17
informantnumber: A10594
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using whip outside confines of sulky
plea: admitted
penaltyrequired: 1
decisiondate: 21/03/2019
hearing_title: Waikato BOP H 21 March 2019 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the Crack Up Quiz Night 16th May Mobile Pace 2200 an Information was presented by Mr Mulcay. He alleged that Amateur Horseman Mr R Frampton 'used his whip outside the sulky confines early in the run home when striking his wheel disc.'
Mr Frampton was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 869(2) provides that: '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 Regulations (h) state: 'No horseman shall allow their whip to project outside the confines of the sulky, including making contact with the sulky wheels. The whip shall also not be drawn back further than the sulky seat and used with undue force'.
Using the films Mr Mulcay identified the horse LIBERAL ARDEN, driven by Mr Frampton as the field entered the home straight. LIBERAL ARDEN was at the time in a trailing position on the leader's back. It was apparent that Mr Frampton steered the horse towards the passing lane, and then used his whip in a clear striking motion and struck the wheel disc 3 or 4 times. LIBERAL ARDEN went on to win the race.
Mr Frampton said that he was told by the trainer of the horse not to hit the horse with his whip. He said he struck the wheel disc to 'make a noise' and to encourage the horse to give its best. He added that while he was aware of the general Rules applying to the use of the whip he did not realise that he was not permitted to strike the wheel.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Frampton has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay advised the Committee that Mr Frampton had not previously breached the Rule or Regulations in respect of his use of the whip. He added that it was to Mr Frampton's credit that he had admitted the breach, and that there was no suggestion that any pain had been inflicted on the horse or that any undue advantage had been gained by his actions. The Stewards believed that some reduction on the starting point of a $300 fine could be extended to Mr Frampton.
Mr Frampton asked that the Committee take note of his admission and his clear record when assessing the level of fine to be imposed.
reasonsforpenalty:
The Committee confirmed that a breach of this Rule attracted a starting point of a fine of $300 as per the JCA Penalty Guidelines. We took note of Mr Frampton's admission and his clear record. There were no other breaches of this particular Regulation in the information available to the Committee to base their decision on. We did not consider Mr Frampton had any 'illegal' intent in mind when he struck the sulky wheel with his whip, and considered that he just did not know it was against the Rule. For these reasons we believed a reduction on the starting point was in order.
penalty:
The Committee imposed a fine of $200 on Mr Frampton. We advised him that a 2nd breach of the Rule within the following 6 months would attract a period of suspension of his drivers license.
hearing_type: Hearing
Rules: Rule 869(2), Clause (h) of the Use of the Whip Guidelines
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr R Frampton-Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 03c54d9a5cf8f8c6d8d3d125e229b032
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: c883179537422214af318080fd6b6541
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2019
meet_title: Harness Racing Waikato - 21 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato