Westport TC 26 December 2020 – R 9 – Chair, Mr D Anderson
ID: JCA15604
Meet Title:
Westport TC - 26 December 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/12/26
Race Number:
R 9
Decision:
As Mr Curtin admitted the breach the charge was found proved.
Penalty:
Mr Curtin’s Open Horseman’s licence is suspended from the close of racing on the 30 December 2020 up to and including racing on the 10 January 2021.
Meeting encompassed in this suspension are:
Rangiora - 3 January
Nelson - 8 January
Nelson - 10 January 2021.
Facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Open Driver, Mr J Curtin. The information alleged; ”J Curtin (KRUIZR) used his whip with more than a wrist flicking motion and free of the rein in the home straight”.
Mr Curtin signed the Information stating he admitted the breach and that he was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Renault used the race video to identify Mr Curtin driving (8) KRUIZR, in the trailing position entering the home straight. Mr Renault pointed to Mr Curtin crossing his reins and striking his horse on two occasions free of the rein and at several other times using more than a wrist flicking motion.
Mr Curtin agreed with Mr Renault’s submissions and had nothing to add.
Submissions for Penalty:
Mr Renault stated Mr Curtin had a previous breach of the Rule and had been fined $200 on the 30th of October 2020 at Methven.
Mr Renault said there are no provisions in the new Guidelines for a second breach of the Rule but the Stewards believed it appropriate to revert back to the old whip regulations where a second or subsequent breach would provide for a 3-to-5-day suspension as penalty.
He said considering these guidelines the Stewards would be asking for a 3-day suspension for Mr Curtin’s breach.
Mr Curtin chose not to make any submissions on penalty but after deferment was discussed he asked to start any suspension after the last day of the circuit at Reefton on the 30 Dec 20.
Reasons for Penalty:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a high- level breach, the start point will be a period of suspension (3 days). High -level offending is defined as when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving.
The Committee believes this breach falls within this level and although mindful that Mr Curtin had won the race, we did observe Mr Curtin driving in a compliant style in periods within the final straight and see no aggravating factors to depart from the guidelines.
The Committee in considering these factors find a 3-day suspension appropriate 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: b9e28917921f8aca9e8ef4d5f088aa81
informantnumber: A13621
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2020
hearing_title: Westport TC 26 December 2020 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Open Driver, Mr J Curtin. The information alleged; ”J Curtin (KRUIZR) used his whip with more than a wrist flicking motion and free of the rein in the home straight”.
Mr Curtin signed the Information stating he admitted the breach and that he was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Renault used the race video to identify Mr Curtin driving (8) KRUIZR, in the trailing position entering the home straight. Mr Renault pointed to Mr Curtin crossing his reins and striking his horse on two occasions free of the rein and at several other times using more than a wrist flicking motion.
Mr Curtin agreed with Mr Renault’s submissions and had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Curtin admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault stated Mr Curtin had a previous breach of the Rule and had been fined $200 on the 30th of October 2020 at Methven.
Mr Renault said there are no provisions in the new Guidelines for a second breach of the Rule but the Stewards believed it appropriate to revert back to the old whip regulations where a second or subsequent breach would provide for a 3-to-5-day suspension as penalty.
He said considering these guidelines the Stewards would be asking for a 3-day suspension for Mr Curtin’s breach.
Mr Curtin chose not to make any submissions on penalty but after deferment was discussed he asked to start any suspension after the last day of the circuit at Reefton on the 30 Dec 20.
reasonsforpenalty:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a high- level breach, the start point will be a period of suspension (3 days). High -level offending is defined as when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving.
The Committee believes this breach falls within this level and although mindful that Mr Curtin had won the race, we did observe Mr Curtin driving in a compliant style in periods within the final straight and see no aggravating factors to depart from the guidelines.
The Committee in considering these factors find a 3-day suspension appropriate in this case.
penalty:
Mr Curtin’s Open Horseman’s licence is suspended from the close of racing on the 30 December 2020 up to and including racing on the 10 January 2021.
Meeting encompassed in this suspension are:
Rangiora - 3 January
Nelson - 8 January
Nelson - 10 January 2021.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Curtin - Open Driver
Otherperson: Mr P Williams - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d50694387c39d5b8ea0bd4154d316c9a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c6929bdcb4379dd72c8749be5436d902
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2020
meet_title: Westport TC - 26 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC