Wyndham HRC 6 January 2018 – R 11 – Chair, Mr M Conway
ID: JCA20876
Hearing Type (Code):
harness-racing
Meet Title:
Wyndham HRC - 6 January 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/01/06
Race Number:
R 11
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr L Tidmarsh, Stipendiary Steward
Respondent: Mr H Hunter – Licensed Open Driver
Information No: A9799
Meeting: Wyndham Harness Racing Club
Date: 6 January 2018
Venue: Wyndham Racecourse
Race: 11
Rule No: 869(2) and Use of Whip Regulations
Judicial Committee: Mr M Conway, Chairman – Prof G Hall, Committee Member
Also Present: Mr N McIntyre, General Manager Stewards
Charge: Excessive use of the whip
Plea: Admitted
Evidence:
Following the running of Race 11, the Golden View Lifestyle Village/PGG Wrightson Real Estate Cromwell & Combined Cromwell Businesses Cup Mobile Pace, an Information was filed by Stipendiary Steward, Mr Tidmarsh, against Licensed Open Driver, Mr H Hunter, alleging that Mr Hunter, the driver of MAIDONTHEBEACH, “used his whip excessively inside the final 400 metres”.
Mr Hunter signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the Information.
Rule 869 provides 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.
The 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 McIntyre, General Manager Stewards, demonstrated on the race films that the respondent used his whip 14 times in the home straight. MAIDONTHEBEACH finished in 6th place.
The Committee confirms that Mr Hunter used his whip in a striking motion 14 times inside the final 400 metres.
Decision:
Mr Hunter has admitted the breach and we find the breach proved.
Submissions for Penalty
Mr Hunter had ample opportunity to review the films, according to Mr McIntyre, and believed the count to be “13 or 14” whip strikes. Mr McIntyre added that Mr Hunter said he would accept the count as it was determined at the JCA hearing, and, further, that Mr Hunter was aware of the monetary difference in the penalties for 13 strikes and 14 strikes under the sliding scale.
Mr Hunter is a busy driver based in Southland. In the current season, to date, he has driven in 76 races. Last season he had 181 drives.
Mr Tidmarsh said Mr Hunter had a clear record in the last 12 months with regard to this rule.
The penalty prescribed for excessive use of the whip under the regulations for a first offence in the range of 14-16 strikes is a fine of $300. Mr Tidmarsh said the Stewards believed this was an appropriate penalty, given the sliding scale of penalties and in the interests of consistency.
Reasons for Penalty:
This is Mr Hunter’s first breach of this rule since the Use of the Whip Regulations came into force on 30 November 2017. He has a clear record with regard to this rule.
The penalty is determined by a sliding scale. Where the number of strikes is between 14 and 16, and it is a first offence, the penalty is $300. The count for Mr Hunter is 14. The breach is mid-range.
Penalty:
Mr Hunter is fined the sum of $300.
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: 7405e6c0c02b2f32df813374afc33cc1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 06/01/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wyndham HRC 6 January 2018 - R 11 - Chair, Mr M Conway
charge:
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appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr L Tidmarsh, Stipendiary Steward
Respondent: Mr H Hunter – Licensed Open Driver
Information No: A9799
Meeting: Wyndham Harness Racing Club
Date: 6 January 2018
Venue: Wyndham Racecourse
Race: 11
Rule No: 869(2) and Use of Whip Regulations
Judicial Committee: Mr M Conway, Chairman – Prof G Hall, Committee Member
Also Present: Mr N McIntyre, General Manager Stewards
Charge: Excessive use of the whip
Plea: Admitted
Evidence:
Following the running of Race 11, the Golden View Lifestyle Village/PGG Wrightson Real Estate Cromwell & Combined Cromwell Businesses Cup Mobile Pace, an Information was filed by Stipendiary Steward, Mr Tidmarsh, against Licensed Open Driver, Mr H Hunter, alleging that Mr Hunter, the driver of MAIDONTHEBEACH, “used his whip excessively inside the final 400 metres”.
Mr Hunter signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the Information.
Rule 869 provides 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.
The 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 McIntyre, General Manager Stewards, demonstrated on the race films that the respondent used his whip 14 times in the home straight. MAIDONTHEBEACH finished in 6th place.
The Committee confirms that Mr Hunter used his whip in a striking motion 14 times inside the final 400 metres.
Decision:
Mr Hunter has admitted the breach and we find the breach proved.
Submissions for Penalty
Mr Hunter had ample opportunity to review the films, according to Mr McIntyre, and believed the count to be “13 or 14” whip strikes. Mr McIntyre added that Mr Hunter said he would accept the count as it was determined at the JCA hearing, and, further, that Mr Hunter was aware of the monetary difference in the penalties for 13 strikes and 14 strikes under the sliding scale.
Mr Hunter is a busy driver based in Southland. In the current season, to date, he has driven in 76 races. Last season he had 181 drives.
Mr Tidmarsh said Mr Hunter had a clear record in the last 12 months with regard to this rule.
The penalty prescribed for excessive use of the whip under the regulations for a first offence in the range of 14-16 strikes is a fine of $300. Mr Tidmarsh said the Stewards believed this was an appropriate penalty, given the sliding scale of penalties and in the interests of consistency.
Reasons for Penalty:
This is Mr Hunter’s first breach of this rule since the Use of the Whip Regulations came into force on 30 November 2017. He has a clear record with regard to this rule.
The penalty is determined by a sliding scale. Where the number of strikes is between 14 and 16, and it is a first offence, the penalty is $300. The count for Mr Hunter is 14. The breach is mid-range.
Penalty:
Mr Hunter is fined the sum of $300.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 11
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