Westport TC 26 December 2019 – R 7 – Chair, Mr S Ching
ID: JCA14184
Meet Title:
Westport TC - 26 December 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/12/26
Race Number:
R7
Decision:
As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Cameron’s Horseman’s Licence is suspended from the conclusion of racing 30 December up to and including 12 January 2020. Relevant meetings encompassed in this period of suspension are Rangiora on 3 January, Timaru on 7 January, Nelson 10 January and Nelson 12 January 2020.
Facts:
Following the running of Race 7, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) 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.
Whip Regulation (b) reads as follows;
(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.
Mr Cameron had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Cameron also acknowledged that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron, driving FYNN FROST, positioned outside the leader passing the 400m. Mr Renault showed on the video replay, Mr Cameron use the whip in a forehand striking motion on 15 occasions between the 400m and the line.
Mr Cameron did not dispute the number of strikes and added that the early strikes were light in force.
Submissions for Penalty:
Mr Renault stated that Mr Cameron had a prior breach of this Rule within the previous six months, being on 4 August 2019 at Forbury Park where he received a $200 fine. He stated that the JCA Penalty Guide provides for a 3 to 5-day suspension for a second or subsequent breach of this Rule within a 6-month period.
Mr Renault stated that the breach was mid-level as the strikes numbered 15. He submitted that a suspension of 4 days be considered as penalty.
Mr Cameron requested a deferment of penalty until after the Reefton meeting on 30 December.
Reasons for Penalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this Rule within a 6-month period, mitigation inclusive. This Committee also assessed the breach as mid-level with the strikes numbering 15 and therefore adopted a 4-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
Mr Cameron's request for a deferment until after racing 30 December is granted.
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: a59b0c535c6d645c4d3b1c89d14b3dcf
informantnumber: A13203
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 30/12/2019
hearing_title: Westport TC 26 December 2019 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr K Cameron, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) 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.
Whip Regulation (b) reads as follows;
(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.
Mr Cameron had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Cameron also acknowledged that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Cameron, driving FYNN FROST, positioned outside the leader passing the 400m. Mr Renault showed on the video replay, Mr Cameron use the whip in a forehand striking motion on 15 occasions between the 400m and the line.
Mr Cameron did not dispute the number of strikes and added that the early strikes were light in force.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cameron had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Cameron had a prior breach of this Rule within the previous six months, being on 4 August 2019 at Forbury Park where he received a $200 fine. He stated that the JCA Penalty Guide provides for a 3 to 5-day suspension for a second or subsequent breach of this Rule within a 6-month period.
Mr Renault stated that the breach was mid-level as the strikes numbered 15. He submitted that a suspension of 4 days be considered as penalty.
Mr Cameron requested a deferment of penalty until after the Reefton meeting on 30 December.
reasonsforpenalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this Rule within a 6-month period, mitigation inclusive. This Committee also assessed the breach as mid-level with the strikes numbering 15 and therefore adopted a 4-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
Mr Cameron's request for a deferment until after racing 30 December is granted.
penalty:
Accordingly, Mr Cameron’s Horseman’s Licence is suspended from the conclusion of racing 30 December up to and including 12 January 2020. Relevant meetings encompassed in this period of suspension are Rangiora on 3 January, Timaru on 7 January, Nelson 10 January and Nelson 12 January 2020.
hearing_type: Hearing
Rules: 869(2)and Whip Regulation (b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr K Cameron - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 200d39722478a07bd8e21c5d2049f389
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f0d594f523c405874ddc04da82ff00fd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2019
meet_title: Westport TC - 26 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Westport TC