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Rangiora HRC 16 December 2018 - R 7 - Chair, Mr D Anderson

Created on 17 December 2018

Rules:
869(2)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mr R Payne - Open Driver
Mr S Wallis - Stipendiary Steward
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A10820
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 7 the “Dan Wright Memorial Mobile Pace” an Information was filed by Stipendiary Steward Mrs C Tibbs alleging a breach of Rule 869(2) by Open Driver Mr R Payne. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Payne had signed the information stating he admitted the breach and that he did not want to be present at the hearing.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) 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.

Mrs Tibbs used the race video to identify Mr Payne driving (2) AWAYOVERNIGHT, racing in the trail behind the leader entering the home straight. Mr Payne activated the ear plugs as he entered the passing lane and used his whip 14 times in the run to the finishing post.

Mrs Tibbs stated Mr Payne agreed with 14 strikes as did the Committee.

Decision:

As Mr Payne admitted the breach the charge was found proved.

Submission For Penalty:

Mrs Tibbs said Mr Payne had 26 drives last season and 9 this season and the Stewards would be seeking a 5-day suspension as penalty. Mrs Tibbs had concern Mr Payne has always had a previous breach in his record for the last 18 months with now 5 suspensions against his name in that period. She said Mr Payne can’t seem to manage a clear 6-month period and he had only driven six times since his last breach which was at Addington on 19 October where he was suspended for 4 days.

Mrs Tibbs stated that Mr Payne did not require any deferment of penalty.

Reasons For Penalty:

The JCA Penalty Guide provides for a 3 – 5-day suspension for a second or subsequent breach of the rule.

The Committee understands Mrs Tibbs concerns. Although Mr Payne received a suspension for his previous breach, this present breach is only his second since his record was reset six months ago.

We considered this breach as mid-range as was Mr Payne’s previous suspension. The Committee can see no mitigating or aggravating factors to regard this breach as anything other than mid-range.

We therefore consider that a 4-day suspension is an appropriate penalty in this case.

Penalty:

Accordingly, Mr Payne’s licence to drive is suspended from the conclusion of racing today up to and including racing on 28 December 2018.

Meetings encompassed in this suspension are:

21 Dec at Addington

23 Dec at Ashburton

26 Dec at Westport

28 Dec at Westport

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