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Ashburton TC 6 June 2011 – R 2

ID: JCA11297

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr C. M. Ward - Junior Horseman

Other Person:
Mr R. T. May - Open Horseman

Information Number:
67388

Hearing Type:
Hearing

Rules:
Rule 869(2)(a)

Plea:
admitted

Meet Title:
Ashburton TC - 6 June 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/06/06

Race Number:
R2

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties of our reasons as set out above and that Mr Ward was fined the sum of $250.

Charge:

Alleged breach of Rule 869(2)(a)

Facts:

Following the running of Race 2, the Ashburton U Hire Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr C. M. Ward alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner. Mr Ward is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner in the run home when driving “November Rain”.
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 Ward had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Ward had used his whip on about 25 occasions in the run home, and that this use was almost continuous, especially early on.
Mr Ward had no submissions to make regarding the facts of this matter. Mr May said that he believed Mr Ward would learn from his mistake in this case.

Reasons for Decision:

As Mr Ward 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 Ward had no relevant previous breaches of this Rule and had very few drives. As the breach was admitted Mr Ydgren submitted that a fine of between $250 and $300 should be imposed in this case.
Mr Ward said that he had never been charged with a breach of the Rules before today.
 

Reasons for Penalty:

We took into account that this breach was admitted and that Mr Ward had a clear record. We were satisfied that the starting point for a penalty in this case is a fine of $300-00, but taking into account the above matters decided that a fine of $250 should be imposed 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: 14d3bda1533dcfa041fb7996e6fd99ca

informantnumber: 67388

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Ashburton TC 6 June 2011 - R 2

charge:

Alleged breach of Rule 869(2)(a)

facts:

Following the running of Race 2, the Ashburton U Hire Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr C. M. Ward alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner. Mr Ward is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner in the run home when driving “November Rain”.
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 Ward had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Ward had used his whip on about 25 occasions in the run home, and that this use was almost continuous, especially early on.
Mr Ward had no submissions to make regarding the facts of this matter. Mr May said that he believed Mr Ward would learn from his mistake in this case.

reasonsfordecision:

As Mr Ward 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 Ward had no relevant previous breaches of this Rule and had very few drives. As the breach was admitted Mr Ydgren submitted that a fine of between $250 and $300 should be imposed in this case.
Mr Ward said that he had never been charged with a breach of the Rules before today.
 

reasonsforpenalty:

We took into account that this breach was admitted and that Mr Ward had a clear record. We were satisfied that the starting point for a penalty in this case is a fine of $300-00, but taking into account the above matters decided that a fine of $250 should be imposed in this case.

penalty:

On resuming the hearing we advised the parties of our reasons as set out above and that Mr Ward was fined the sum of $250.

hearing_type: Hearing

Rules: Rule 869(2)(a)

Informant: Mr N. M. Ydgren - Stipendiary Steward

JockeysandTrainer: Mr C. M. Ward - Junior Horseman

Otherperson: Mr R. T. May - Open Horseman

PersonPresent:

Respondent:

StipendSteward:

raceid: 87374b7cf1700cfe1e1f8079f34e9d3b

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 2a4dc1fac4dd54d46c58188726b32ef6

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/06/2011

meet_title: Ashburton TC - 6 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "200", "Total": "124.0", "kmprice": 124.0, "Approved": "on"}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: KHales

meet_pm2: none

name: Ashburton TC