Westport TC 28 December 2010 – R 4
ID: JCA18089
Meet Title:
Westport TC - 28 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2010/12/28
Race Number:
R 4
Decision:
On resuming the hearing we advised the parties that a full written decision would be prepared later, and that we had found the charge proved.
Penalty:
Accordingly Mr Lock’s Graduation Horseman’s Licence was suspended from after the completion of racing today, the 28 December 2010, until after the completion of racing on 4 January 2011, which is effectively a two day suspension. The two days are the Central Otago Trotting Club’s race meeting at Omakau on 2 January 2011, and the Roxburgh Trotting Club’s race meeting at Roxburgh on 4 January 2011.
Charge:
Following the running of Race 4, the Speights McManus Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Graduation Horseman Mr S. G. Lock alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that S. J. Lock used the whip unnecessarily on Seldom Getit in the run home.”
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.”
Facts:
Mr Lock had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mrs Williams gave evidence and used video coverage to show that “Seldom Getit” was in about 8th place with over 300 metres to run, and clearly out of contention, with no reasonable chance of finishing on the first six places. Mr Lock had used his whip on a number of occasions from this point on, which Mrs Williams considered to be clearly unnecessary.
Mr Lock said that he was required to “try” his horse and that he was encouraging his horse to carry on, and not to “knock off”.
Reasons for Decision:
We adjourned to consider our decision. We were satisfied that “Seldom Getit” was dropping out of contention from about the 300 metre mark, and it was clear to us that the horse had no chance of finishing in the first six places. From this point on Mr Lock used his whip on at least 6 occasions in the straight, and this was clearly unnecessary. We were satisfied that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mrs Williams advised that Mr Lock had no relevant previous convictions, and submitted that a fine of $200-00 should be imposed. The matter of an appropriate penalty was discussed, and Mr Lock said that he would prefer a suspension to a fine. Mrs Williams agreed that a suspension was an acceptable alternative penalty, and submitted that a two day suspension should be imposed.
It was established that Mr Lock had no future driving opportunities until 2 January 2011.
Reasons for Penalty:
We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a two day suspension should be imposed 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: ecbecda92d487eb446dc0cd765a5efd3
informantnumber: 69324
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Westport TC 28 December 2010 - R 4
charge:
Following the running of Race 4, the Speights McManus Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Graduation Horseman Mr S. G. Lock alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that S. J. Lock used the whip unnecessarily on Seldom Getit in the run home.”
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.”
facts:
Mr Lock had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams gave evidence and used video coverage to show that “Seldom Getit” was in about 8th place with over 300 metres to run, and clearly out of contention, with no reasonable chance of finishing on the first six places. Mr Lock had used his whip on a number of occasions from this point on, which Mrs Williams considered to be clearly unnecessary.
Mr Lock said that he was required to “try” his horse and that he was encouraging his horse to carry on, and not to “knock off”.
reasonsfordecision:
We adjourned to consider our decision. We were satisfied that “Seldom Getit” was dropping out of contention from about the 300 metre mark, and it was clear to us that the horse had no chance of finishing in the first six places. From this point on Mr Lock used his whip on at least 6 occasions in the straight, and this was clearly unnecessary. We were satisfied that the charge had been proved.
Decision:
On resuming the hearing we advised the parties that a full written decision would be prepared later, and that we had found the charge proved.
sumissionsforpenalty:
In relation to penalty Mrs Williams advised that Mr Lock had no relevant previous convictions, and submitted that a fine of $200-00 should be imposed. The matter of an appropriate penalty was discussed, and Mr Lock said that he would prefer a suspension to a fine. Mrs Williams agreed that a suspension was an acceptable alternative penalty, and submitted that a two day suspension should be imposed.
It was established that Mr Lock had no future driving opportunities until 2 January 2011.
reasonsforpenalty:
We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a two day suspension should be imposed in this case.
penalty:
Accordingly Mr Lock’s Graduation Horseman’s Licence was suspended from after the completion of racing today, the 28 December 2010, until after the completion of racing on 4 January 2011, which is effectively a two day suspension. The two days are the Central Otago Trotting Club’s race meeting at Omakau on 2 January 2011, and the Roxburgh Trotting Club’s race meeting at Roxburgh on 4 January 2011.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mrs KR Williams - Stipendiary Steward
JockeysandTrainer: Mr SG Lock - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a1f110fcdc2a164f7203e66cf36b2882
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2bc1255e73386564233d6fbc41b4cb49
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2010
meet_title: Westport TC - 28 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Westport TC