Westport TC 28 December 2017 – R 5 – Chair, Mr G Clapp
ID: JCA20320
Hearing Type (Code):
harness-racing
Meet Title:
Westport TC - 28 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/28
Race Number:
R 5
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault - Stipendiary Steward
Respondent: Mr CJ Markham - Licensed Open Horseman
Information Number: A 09637
Meeting: Westport Trotting Club
Date: 28 December 2017
Venue: Patterson Park Racecourse, Westport
Race: 5
Rules: 869(2)
Judicial Committee: Mr GJ Clapp - Chairman, - Mr RG McKenzie – Committee Member
Plea: Admitted
Also Present: Mr S Wallis - Stipendiary Steward
Evidence:
Following the running of Race 5, the Valspar “Change made Easy” Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault against Licensed Open Horseman, Mr CJ Markham, alleging that Mr Markham, as rider of KARANGA SWEET P in the race, “used his whip outside the guidelines made by the Board”.
Rule 869 reads as follows:
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”.
Use of the Whip Regulations provide:
(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 Renault confirmed to the Committee that Mr Markham had signed the information admitted the breach and that he did not wish to be present at the hearing.
Submissions for Decision:
Mr Renault with the assistance of Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Markham driving KARANGA SWEET P four back on the inside running on the home straight. Mr Wallis indicated via the video replay and pointed out Mr Markham draw the whip and used it for 11 strikes. The strikes were within the final 400 metres.
Decision:
Mr Markham has admitted the breach, it is therefore found to be proved.
Submissions on Penalty:
Mr Renault stated that Mr Markham’s driving record showed 17 drives to date this season, with 66 drives last season. He said Mr Markham has a clear record in relation to this breach. He said that the breach falls within the lower end of this rule. He further said that Mr Markham had admitted the breach at the first opportunity. Mr Renault stated that the penalty is determined by a sliding scale. Where the number of strikes is between 11 – 13 and is a first offence, it is a $200 fine.
Reasons for Penalty:
The Penalty is determined by a sliding scale. Where the number of strikes is between 11 and 13, and it’s the first breach of the rule, it is $200 fine. Mr Renault indicated that a fine of $200 was appropriate on a sliding scale for a 1st offence for 11 – 13 strikes. Mr Renault informed the committee that Mr Markham has agreed that 11 is the number.
The committee confirms that this is the correct count.
Penalty:
Mr Markham is fined the sum of $200.
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: 612fb53d43a44b4971753d966f29b82a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/12/2017
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Westport TC 28 December 2017 - R 5 - Chair, Mr G Clapp
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr SP Renault - Stipendiary Steward
Respondent: Mr CJ Markham - Licensed Open Horseman
Information Number: A 09637
Meeting: Westport Trotting Club
Date: 28 December 2017
Venue: Patterson Park Racecourse, Westport
Race: 5
Rules: 869(2)
Judicial Committee: Mr GJ Clapp - Chairman, - Mr RG McKenzie – Committee Member
Plea: Admitted
Also Present: Mr S Wallis - Stipendiary Steward
Evidence:
Following the running of Race 5, the Valspar “Change made Easy” Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault against Licensed Open Horseman, Mr CJ Markham, alleging that Mr Markham, as rider of KARANGA SWEET P in the race, “used his whip outside the guidelines made by the Board”.
Rule 869 reads as follows:
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”.
Use of the Whip Regulations provide:
(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 Renault confirmed to the Committee that Mr Markham had signed the information admitted the breach and that he did not wish to be present at the hearing.
Submissions for Decision:
Mr Renault with the assistance of Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Markham driving KARANGA SWEET P four back on the inside running on the home straight. Mr Wallis indicated via the video replay and pointed out Mr Markham draw the whip and used it for 11 strikes. The strikes were within the final 400 metres.
Decision:
Mr Markham has admitted the breach, it is therefore found to be proved.
Submissions on Penalty:
Mr Renault stated that Mr Markham’s driving record showed 17 drives to date this season, with 66 drives last season. He said Mr Markham has a clear record in relation to this breach. He said that the breach falls within the lower end of this rule. He further said that Mr Markham had admitted the breach at the first opportunity. Mr Renault stated that the penalty is determined by a sliding scale. Where the number of strikes is between 11 – 13 and is a first offence, it is a $200 fine.
Reasons for Penalty:
The Penalty is determined by a sliding scale. Where the number of strikes is between 11 and 13, and it’s the first breach of the rule, it is $200 fine. Mr Renault indicated that a fine of $200 was appropriate on a sliding scale for a 1st offence for 11 – 13 strikes. Mr Renault informed the committee that Mr Markham has agreed that 11 is the number.
The committee confirms that this is the correct count.
Penalty:
Mr Markham is fined the sum of $200.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: beb69ff2d8e3ec55746968dac07fcb68
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race_title: R 5
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meetdate: 28/12/2017
meet_title: Westport TC - 28 December 2017
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