Forbury Park TC 29 June 2017 – R 3 – Chair, Prof G Hall
ID: JCA10566
Meet Title:
Forbury Park TC - 29 June 2017
Meet Chair:
GHall
Race Date:
2017/06/29
Race Number:
R 3
Decision:
Mr Robertson has admitted the breach. The charge is thus found to be proved.
Penalty:
Mr Robertson drives infrequently. The appropriate penalty is a suspension of 3 days. He was driving pursuant to a deferment and as a consequence he is currently suspended from the end of today’s meeting up to and including 13 July. The suspension for today’s breach thus commences 14 July and is up to and including 7 September. This is 3 southern days: Gore 27 August; Forbury Park 3 September; and Winton 7 September.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) used his whip in an excessive manner over the final 400 metres of race 3, the PARK & EVENT FUNCTION CENTRE MOBILE PACE.
Mr Tidmarsh demonstrated on the video that Mr Robertson struck LADY’S LASS with the whip and reins in a continuous manner. He said the only pause was towards the end of race.
Mr Robertson agreed with Mr Tidmarsh’s summation of his use of the whip. He said he believed he was able to use the whip with the reins and had adjusted his whip action accordingly. He said this was because he had been breached the previous week for freehand strikes with the whip.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record which evidenced 30 drives last season and 21 this season to date. He said Mr Robertson was not a busy driver and until last week he had a clear record under this rule. Unfortunately this was his second breach within a week. He said the starting point in the JCA Penalty Guide was a 3 to 5-day suspension. He asked for a 3-day suspension.
Mr Robertson asked that the Committee consider that he had changed his whip action in an attempt to stay within the Rules.
Reasons for Penalty:
Mr Robertson is in breach of r 869(2)(a) due to the continuous nature of his whip action. He has simply failed to break up the strikes, which were numerous.
Having regard to the fact that the breach is mid range, the starting point is a 4 day suspension. There is no increase for the recent breach as that is built into the starting point for a second breach. There is a one-day reduction for the admission of the breach and for the fact the respondent was attempting to comply with the rule and has fallen short because of a different requirement in the guideline. In other words, he has not simply repeated his actions from last week without regard to the consequences.
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: 02a2e624bf9a6b72d64a70c3b5195a05
informantnumber: A9751
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2017
hearing_title: Forbury Park TC 29 June 2017 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) used his whip in an excessive manner over the final 400 metres of race 3, the PARK & EVENT FUNCTION CENTRE MOBILE PACE.
Mr Tidmarsh demonstrated on the video that Mr Robertson struck LADY’S LASS with the whip and reins in a continuous manner. He said the only pause was towards the end of race.
Mr Robertson agreed with Mr Tidmarsh’s summation of his use of the whip. He said he believed he was able to use the whip with the reins and had adjusted his whip action accordingly. He said this was because he had been breached the previous week for freehand strikes with the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Robertson has admitted the breach. The charge is thus found to be proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record which evidenced 30 drives last season and 21 this season to date. He said Mr Robertson was not a busy driver and until last week he had a clear record under this rule. Unfortunately this was his second breach within a week. He said the starting point in the JCA Penalty Guide was a 3 to 5-day suspension. He asked for a 3-day suspension.
Mr Robertson asked that the Committee consider that he had changed his whip action in an attempt to stay within the Rules.
reasonsforpenalty:
Mr Robertson is in breach of r 869(2)(a) due to the continuous nature of his whip action. He has simply failed to break up the strikes, which were numerous.
Having regard to the fact that the breach is mid range, the starting point is a 4 day suspension. There is no increase for the recent breach as that is built into the starting point for a second breach. There is a one-day reduction for the admission of the breach and for the fact the respondent was attempting to comply with the rule and has fallen short because of a different requirement in the guideline. In other words, he has not simply repeated his actions from last week without regard to the consequences.
penalty:
Mr Robertson drives infrequently. The appropriate penalty is a suspension of 3 days. He was driving pursuant to a deferment and as a consequence he is currently suspended from the end of today’s meeting up to and including 13 July. The suspension for today’s breach thus commences 14 July and is up to and including 7 September. This is 3 southern days: Gore 27 August; Forbury Park 3 September; and Winton 7 September.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr T Robertson - Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1c6fa781e9473cc45dc5bf4243f61ed2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 365c5a1ac35ce83d0dbc44f0343d004a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2017
meet_title: Forbury Park TC - 29 June 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC