Archive Decision

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NZ Metropolitan TC 4 August 2017 – R 1 – Chair, Mr S Ching

ID: JCA10696

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr A Edge - Advanced Amateur Horseman

Information Number:
A5526

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(20(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 4 August 2017

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2017/08/04

Race Number:
R 1

Decision:

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

Penalty:

Accordingly, Mr Edge was fined the sum of $300.

Facts:

Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Advanced Amateur Horseman, Mr A Edge, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner Stewards deemed to be excessive.

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.”

Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr Edge had endorsed the information that the breach was admitted. Mr Edge had informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Edge driving RUSSIAN EXPRESS positioned wide on the track in 6th place as the field entered the final straight inside the 400m. Mr Renault showed Mr Edge draw the whip and use it free of the rein on 11 occasions in a fore hand manner over the final stages. He stated that Mr Edge did not start using the whip until late in the straight after activating gear on the horse. Mr Renault said the force of the strikes were not high. He also said that Mr Edge had made some attempt to pause between the strikes but that he had simply miscounted.

Submissions for Penalty:

Mr Renault stated that Mr Edge had a previous breach of this rule on 2 January 2017 at Omakau where he received a $300 fine for a low-level breach. Prior to that he had a breach at Addington on 5 August 2016 where he was also fined the sum of $300. He said that Mr Edge had 23 drives last season and 31 drives the season prior. This breach he said, was outside the reset period of 6 months set down in the Whip Guidelines. He said Mr Edge had readily admitted the breach, that the level of the breach was low and his record relatively good. Mr Renault submitted that a fine of $300 be considered as penalty in this case.

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a mid-range breach of this rule. After consideration, we determined that a fine was an appropriate penalty. The Committee assessed this breach as low level and therefore adopted a $400 fine as a starting point. There were no aggravating factors to consider so therefore no uplift in penalty was deemed necessary. In mitigation, we were able to afford Edge a discount for his admission of the breach and his relatively good record. This we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.

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: 07832328d85dedb11a3b4912cdd41725


informantnumber: A5526


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 10/08/2017


hearing_title: NZ Metropolitan TC 4 August 2017 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Advanced Amateur Horseman, Mr A Edge, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner Stewards deemed to be excessive.

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.”

Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr Edge had endorsed the information that the breach was admitted. Mr Edge had informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Edge driving RUSSIAN EXPRESS positioned wide on the track in 6th place as the field entered the final straight inside the 400m. Mr Renault showed Mr Edge draw the whip and use it free of the rein on 11 occasions in a fore hand manner over the final stages. He stated that Mr Edge did not start using the whip until late in the straight after activating gear on the horse. Mr Renault said the force of the strikes were not high. He also said that Mr Edge had made some attempt to pause between the strikes but that he had simply miscounted.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Renault stated that Mr Edge had a previous breach of this rule on 2 January 2017 at Omakau where he received a $300 fine for a low-level breach. Prior to that he had a breach at Addington on 5 August 2016 where he was also fined the sum of $300. He said that Mr Edge had 23 drives last season and 31 drives the season prior. This breach he said, was outside the reset period of 6 months set down in the Whip Guidelines. He said Mr Edge had readily admitted the breach, that the level of the breach was low and his record relatively good. Mr Renault submitted that a fine of $300 be considered as penalty in this case.


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a mid-range breach of this rule. After consideration, we determined that a fine was an appropriate penalty. The Committee assessed this breach as low level and therefore adopted a $400 fine as a starting point. There were no aggravating factors to consider so therefore no uplift in penalty was deemed necessary. In mitigation, we were able to afford Edge a discount for his admission of the breach and his relatively good record. This we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.


penalty:

Accordingly, Mr Edge was fined the sum of $300.


hearing_type: Hearing


Rules: 869(20(a)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr A Edge - Advanced Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e0725f4a6d5f33e591fcce58dafe7c91


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fee09f452ab61cc360eb8563a6ab98e1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/08/2017


meet_title: NZ Metro TC - 4 August 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: NZ Metro TC