Westport TC 28 December 2010 – R 8
ID: JCA14932
Meet Title:
Westport TC - 28 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2010/12/28
Race Number:
R 8
Decision:
On resuming the hearing we advised the parties that a full written decision would be provided later, and that we found the charge proved.
Penalty:
On resuming the hearing we advised the parties that Mr Cameron would be fined the sum of $150-00.
Charge:
Following the running of Race 8, the Bernie Stewart Memorial/Cosmopolitan Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Junior Horseman Mr K. G. Cameron alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 K. G. Cameron used the whip excessively on FITTLER 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 Cameron is a Junior Horseman but he declined assistance at this hearing. Mr Cameron had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Cameron 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 Mr Cameron had used his whip on about 20 occasions over the final 300 metres of this race. There were two strikes with the whip before entering the home straight, and then a further 18 strikes in the straight. The whip use was not continuous and there were some pauses in this use. It was Mrs Williams’ case that this use of the whip was in the circumstances excessive.
Mr Cameron said that he did break his use of the whip up, and that at one stage he thought he might have a chance of finishing in a place (he finished 6th).
Reasons for Decision:
We adjourned to consider our decision.
We carefully considered the video tapes and the evidence relating to the charge. We discounted the first two strikes as they occurred well before the straight. The 18 strikes in the straight were interrupted by short pauses, but Mr Cameron did not use any alternative forms of urging. What we had to determine was whether the 18 strikes were or were not “too much”, as set out in the “Use of Whip” guidelines.
We took into account that 18 strikes with the whip in the straight is prima facie “too much”, and that on this occasion the use had not been interrupted by “distinct pauses” or “by acceptable alternative actions”. We therefore decided that the use of the whip by Mr Cameron was excessive and that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mrs Williams advised that Mr Cameron had no relevant previous convictions. Mrs Williams also said that Mr Cameron’s defence of the charge was understandable, and should not be seen as an aggravating factor. Mrs Williams submitted that a fine of $200-00 should be imposed in this case.
Mr Cameron said that he thought that a $200-00 fine was excessive in the circumstances, and that it should also be taken into account that he was Junior Horseman.
Reasons for Penalty:
We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, that a fine of $200-00 was usually an appropriate fine for a breach of this Rule. However we took into account that this breach was at the lower end of the scale of seriousness, and also that Mr Cameron is a Junior Horseman. Taking all the above matters into account we decided that a fine of $150-00 would be imposed 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: 8dba60e2cb72e55c18b9b63037c675e5
informantnumber: 69325
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Westport TC 28 December 2010 - R 8
charge:
Following the running of Race 8, the Bernie Stewart Memorial/Cosmopolitan Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Junior Horseman Mr K. G. Cameron alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 K. G. Cameron used the whip excessively on FITTLER 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 Cameron is a Junior Horseman but he declined assistance at this hearing. Mr Cameron had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Cameron 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 Mr Cameron had used his whip on about 20 occasions over the final 300 metres of this race. There were two strikes with the whip before entering the home straight, and then a further 18 strikes in the straight. The whip use was not continuous and there were some pauses in this use. It was Mrs Williams’ case that this use of the whip was in the circumstances excessive.
Mr Cameron said that he did break his use of the whip up, and that at one stage he thought he might have a chance of finishing in a place (he finished 6th).
reasonsfordecision:
We adjourned to consider our decision.
We carefully considered the video tapes and the evidence relating to the charge. We discounted the first two strikes as they occurred well before the straight. The 18 strikes in the straight were interrupted by short pauses, but Mr Cameron did not use any alternative forms of urging. What we had to determine was whether the 18 strikes were or were not “too much”, as set out in the “Use of Whip” guidelines.
We took into account that 18 strikes with the whip in the straight is prima facie “too much”, and that on this occasion the use had not been interrupted by “distinct pauses” or “by acceptable alternative actions”. We therefore decided that the use of the whip by Mr Cameron was excessive and that the charge had been proved.
Decision:
On resuming the hearing we advised the parties that a full written decision would be provided later, and that we found the charge proved.
sumissionsforpenalty:
In relation to penalty Mrs Williams advised that Mr Cameron had no relevant previous convictions. Mrs Williams also said that Mr Cameron’s defence of the charge was understandable, and should not be seen as an aggravating factor. Mrs Williams submitted that a fine of $200-00 should be imposed in this case.
Mr Cameron said that he thought that a $200-00 fine was excessive in the circumstances, and that it should also be taken into account that he was Junior Horseman.
reasonsforpenalty:
We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, that a fine of $200-00 was usually an appropriate fine for a breach of this Rule. However we took into account that this breach was at the lower end of the scale of seriousness, and also that Mr Cameron is a Junior Horseman. Taking all the above matters into account we decided that a fine of $150-00 would be imposed in this case.
penalty:
On resuming the hearing we advised the parties that Mr Cameron would be fined the sum of $150-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mrs KR Williams - Stipendiary Steward
JockeysandTrainer: Mr KG Cameron - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 13683ce68af215af3b14cdb96aea362e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
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