Ashburton TC 5 May 2013 – R 9
ID: JCA10529
Meet Title:
Ashburton TC - 5 May 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/05/05
Race Number:
R9
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised Mr Close that he was fined the sum of $250.
Charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
Facts:
Following the running of Race 9, the Chertsey Trotting Club Mobile Pace, an Information was filed by Stipendiary Steward Mr N M Ydgren against Junior Horseman Mr R D Close alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner while driving TE KINGA BOY over the concluding stages”.
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.”
Submissions for Decision:
Mr Close had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. As Mr Close was a Junior Driver he was assisted at the hearing by Open Horseman Mr R T May.
Mr Ydgren gave evidence and used video coverage to show that Mr Close driving TE KINGA BOY used his whip on 24 to 25 occasions from the 400m. Mr Ydgren stated that Mr Close had used his whip on 17 times between the 400m and 200m. The remainder of strikes were inside the 200m. Mr Ydgren submitted that it was the pure number of strikes that were excessive.
Mr Close and Mr May did not dispute the number of strikes submitted by Mr Ydgren. Mr Close submitted that it was the long length of the straight that had caused him to misjudge his use of the whip as he had started to use the whip near the turn for home at the 400m.
Reasons for Decision:
As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Close had previously breached this Rule only once over the last 12 months, being 20 January 2013 at Kapiti where he received a $200 fine. Mr Ydgren stated that Mr Close was a successful Junior Driver and last season had 191 drives with 203 drives so far this season. Mr Ydgren also stated that credit should be given for Mr Close’s ready admission of the breach and that his record was reasonable. Mr Ydgren submitted that a fine in the vicinity of $250 be imposed in this case.
Mr Close and Mr May submitted that a fine was preferred as penalty.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Close was a Junior Driver and had admitted this breach. Also taken into consideration, was that Mr Close had a previous breach of this Rule on 23 January 2013. After taking all factors into consideration we decided that a fine of $250 would be an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: 002c702aa33cc81218fbf64d0786be69
informantnumber: A1606
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2013
hearing_title: Ashburton TC 5 May 2013 - R 9
charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
facts:
Following the running of Race 9, the Chertsey Trotting Club Mobile Pace, an Information was filed by Stipendiary Steward Mr N M Ydgren against Junior Horseman Mr R D Close alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner while driving TE KINGA BOY over the concluding stages”.
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Close had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with. As Mr Close was a Junior Driver he was assisted at the hearing by Open Horseman Mr R T May.
Mr Ydgren gave evidence and used video coverage to show that Mr Close driving TE KINGA BOY used his whip on 24 to 25 occasions from the 400m. Mr Ydgren stated that Mr Close had used his whip on 17 times between the 400m and 200m. The remainder of strikes were inside the 200m. Mr Ydgren submitted that it was the pure number of strikes that were excessive.
Mr Close and Mr May did not dispute the number of strikes submitted by Mr Ydgren. Mr Close submitted that it was the long length of the straight that had caused him to misjudge his use of the whip as he had started to use the whip near the turn for home at the 400m.
reasonsfordecision:
As Mr Close had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Close had previously breached this Rule only once over the last 12 months, being 20 January 2013 at Kapiti where he received a $200 fine. Mr Ydgren stated that Mr Close was a successful Junior Driver and last season had 191 drives with 203 drives so far this season. Mr Ydgren also stated that credit should be given for Mr Close’s ready admission of the breach and that his record was reasonable. Mr Ydgren submitted that a fine in the vicinity of $250 be imposed in this case.
Mr Close and Mr May submitted that a fine was preferred as penalty.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Close was a Junior Driver and had admitted this breach. Also taken into consideration, was that Mr Close had a previous breach of this Rule on 23 January 2013. After taking all factors into consideration we decided that a fine of $250 would be an appropriate penalty in this case.
penalty:
On resuming the hearing we gave our reasons and advised Mr Close that he was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer: R D Close - Junior Horseman
Otherperson: R T May-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: ada740083e43303f91f25048840058d9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 00362a4f0309106554f93c83f84a269b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2013
meet_title: Ashburton TC - 5 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC