NZ Metro TC 7 September 2012 – R 9
ID: JCA10777
Meet Title:
NZ Metro TC - 7 September 2012
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2012/09/07
Race Number:
R9
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Edmonds 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 Sims Pacific Metals Handicap Trot, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr M P Edmonds, 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 over the concluding stages while driving “Pammys Boy”.
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 Edmonds had indicated on the Information that this breach of the Rules was admitted and he had informed the Stipendiary Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Edmond driving “Pammys Boy”, used his whip on 24 occasions over the concluding stages. Mr Renault submitted that these strikes were not forceful but that it was the pure number of strikes that were excessive.
Submissions for Penalty:
In relation to penalty, Mr Renault advised that Mr Edmonds had previously breached this Rule only once over the last 12 months, being 10 June 2012 at Nelson where he received a $200 fine. Mr Renault stated that that this previous breach was similar as it was the number of strikes that were excessive, not the force used. Mr Renault submitted that credit should be given for Mr Edmond’s ready admission of the breach and that his record was reasonable. Mr Renault submitted that a fine in the vicinity of $250 be imposed in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Edmonds had admitted this breach. Also taken in to consideration, was that Mr Edmonds had a previous breach of this Rule on 10 June at Nelson, for a similar incident. We researched penalties imposed for past similar breaches of this Rule and decided that a fine of $250 should be imposed 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: 0a27a06b79a49e172780d335af5b3d3c
informantnumber: A1811
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 05/09/2012
hearing_title: NZ Metro TC 7 September 2012 - R 9
charge:
Breach of Rule 869(2)(a)-excessive use of the whip
facts:
Following the running of Race 9, the Sims Pacific Metals Handicap Trot, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr M P Edmonds, 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 over the concluding stages while driving “Pammys Boy”.
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 Edmonds had indicated on the Information that this breach of the Rules was admitted and he had informed the Stipendiary Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Edmond driving “Pammys Boy”, used his whip on 24 occasions over the concluding stages. Mr Renault submitted that these strikes were not forceful but that it was the pure number of strikes that were excessive.
reasonsfordecision:
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty, Mr Renault advised that Mr Edmonds had previously breached this Rule only once over the last 12 months, being 10 June 2012 at Nelson where he received a $200 fine. Mr Renault stated that that this previous breach was similar as it was the number of strikes that were excessive, not the force used. Mr Renault submitted that credit should be given for Mr Edmond’s ready admission of the breach and that his record was reasonable. Mr Renault submitted that a fine in the vicinity of $250 be imposed in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Edmonds had admitted this breach. Also taken in to consideration, was that Mr Edmonds had a previous breach of this Rule on 10 June at Nelson, for a similar incident. We researched penalties imposed for past similar breaches of this Rule and decided that a fine of $250 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Mr Edmonds was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr M P Edmonds - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f1b4ff605f41cbc09d577028f04c27a9
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: 803aaa3236bf7e20efc4d08a47ac469a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/09/2012
meet_title: NZ Metro TC - 7 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC