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Methven TC 13 September 2020 - R 3 - Chair, Mr S Ching

Created on 15 September 2020

Committee:
SChing (chair)
Name(s):
J Morrison-Licensed Junior Horseman
Informant
S Renault- Stipendiary Steward
Information Number
A13209
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Following the running of Race 3, the Hornby Workingmen’s Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Junior Horseman, Mr J Morrison, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (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.

Whip Regulation (b) reads as follows;

(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 Morrison had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Morrison also acknowledged that he understood the provisions of the charge and the rule it was brought under. Mr Morrison stated to the Committee that he was comfortable at the hearing without assistance.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Morrison, driving ARCHAIC LUSTRE, positioned 3 back on the inside as the field passed the 400m. Inside the 400m Mr Morrison was held up on 2 occasions and when clear, drew the whip and used it on 13 occasions prior to the finish line. Mr Renault stated that 3 of these strikes were on the sulky and 10 on the horse. He also stated that Mr Morrison got up to win the race by a short margin, being ½ a head.

Mr Morrison did not dispute the number of strikes and in answer to a question from the Committee, conceded that without the extra strikes, ARCHAIC LUSTRE, would probably not have got up to win the race.

Decision:

As Mr Morrison had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Mr Morrison’s driving statistics showed 66 drives so far this season with 590 drives recorded for last season. He added that Mr Morrison had a clear record over the previous 6 months, and this offence therefore could be treated as a first offence on the penalty scale. Mr Renault stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He stated that Mr Morrison had got up to win the race by a narrow margin which he submitted was an aggravating factor to consider. Mr Renault stated that he would leave it up to the Committee to determine the level of uplift.

Mr Morrison elected to make no submissions in regard to penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there was a substantive aggravating factor to consider, being that Mr Morrison had got up to win the race by a narrow margin, with Mr Morrison conceding he may not have won without the extra strikes imposed. We therefore determined that an uplift was warranted, with this uplift being $100.

Penalty:

Accordingly, Mr Morrison is fined the sum of $300.

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