Archive Decision

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Northern Southland TC 26 September 2014 – R 1

ID: JCA11424

Applicant:
C J Allison - Stipendiary Steward

Respondent(s):
A R Beck, Licensed Open Horseman

Information Number:
A1749

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 869(2)(a)

Plea:
admitted

Meet Title:
Northern Southland TC - 26 September 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
NSkelt

Race Date:
2014/09/26

Race Number:
R1

Decision:

Mr Beck having admitted the charge, the charge was found proved. 

Penalty:

Mr Beck was fined the sum of $200. 

Facts:

Following the running of Race 1, Stunin Cullen at Pinelea Farm Claimers Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr A R Beck, alleging that Mr Beck, as the driver of BOURBON STREET in the race, “used his whip excessively over the final stages when driving out BOURBON STREET”.

Mr Beck was present at the hearing of the information and he indicated that he admitted the charge.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

     (a) use his whip in an unnecessary, excessive or improper manner.

Mr Allison showed a video replay of the final 400 metres of the race. He pointed out Mr Beck, driving BOURBON STREET, racing 3-back on the outside and beginning to improve 3-wide as the field approached the home turn. He pointed out Mr Beck hit the horse once with the whip and then activate the removable deafeners. From that point, Mr Allison alleged, Mr Beck used his whip on 22 occasions to the finishing line.

Mr Allison acknowledged that Mr Beck had attempted to break up his use of the whip in the run home but had used it “a few too many strikes” around the bend. The breach was the result of too many strikes, he said. At the finish, Mr Beck had been trying to do the best for his horse which was beaten for 1st placing by a half head.

Submissions for Penalty:

Mr Allison stated that Mr Beck has a clear record under the Rule and had admitted the breach at the first opportunity. In the 2013/2014 season, Mr Beck had 271 drives and in the current season to date has had 18. It was high number of drives for a driver who drives almost exclusively in the Otago-Southland area. The Stewards were asking for a fine at the lower end of the scale, Mr Allison said.

Mr Beck said that the video replay was self-explanatory and he accepted the number of strikes alleged by Mr Allison. He submitted that the horse was quite a lazy horse and he had to give it “the odd slap” in the running to get his mind “on the job” and get it on the bit. He did not realise that he was over the limit but the finish was that close, he said. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty), the Committee was able to give Mr Beck a discount of $50 for his good record and a further $50 for his admission of the breach. The Committee also accepted that Mr Beck had attempted to break up his use of the whip. There were no real aggravating factors. The Committee assessed the circumstances of the breach to be in the low-to-mid range. 

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: 1e92ddb4a56df4b9185510c3d67de258


informantnumber: A1749


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2014


hearing_title: Northern Southland TC 26 September 2014 - R 1


charge:


facts:

Following the running of Race 1, Stunin Cullen at Pinelea Farm Claimers Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr A R Beck, alleging that Mr Beck, as the driver of BOURBON STREET in the race, “used his whip excessively over the final stages when driving out BOURBON STREET”.

Mr Beck was present at the hearing of the information and he indicated that he admitted the charge.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

     (a) use his whip in an unnecessary, excessive or improper manner.

Mr Allison showed a video replay of the final 400 metres of the race. He pointed out Mr Beck, driving BOURBON STREET, racing 3-back on the outside and beginning to improve 3-wide as the field approached the home turn. He pointed out Mr Beck hit the horse once with the whip and then activate the removable deafeners. From that point, Mr Allison alleged, Mr Beck used his whip on 22 occasions to the finishing line.

Mr Allison acknowledged that Mr Beck had attempted to break up his use of the whip in the run home but had used it “a few too many strikes” around the bend. The breach was the result of too many strikes, he said. At the finish, Mr Beck had been trying to do the best for his horse which was beaten for 1st placing by a half head.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Beck having admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Mr Allison stated that Mr Beck has a clear record under the Rule and had admitted the breach at the first opportunity. In the 2013/2014 season, Mr Beck had 271 drives and in the current season to date has had 18. It was high number of drives for a driver who drives almost exclusively in the Otago-Southland area. The Stewards were asking for a fine at the lower end of the scale, Mr Allison said.

Mr Beck said that the video replay was self-explanatory and he accepted the number of strikes alleged by Mr Allison. He submitted that the horse was quite a lazy horse and he had to give it “the odd slap” in the running to get his mind “on the job” and get it on the bit. He did not realise that he was over the limit but the finish was that close, he said. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty), the Committee was able to give Mr Beck a discount of $50 for his good record and a further $50 for his admission of the breach. The Committee also accepted that Mr Beck had attempted to break up his use of the whip. There were no real aggravating factors. The Committee assessed the circumstances of the breach to be in the low-to-mid range. 


penalty:

Mr Beck was fined the sum of $200. 


hearing_type: Hearing


Rules: Rule 869(2)(a)


Informant: C J Allison - Stipendiary Steward


JockeysandTrainer: A R Beck, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d11f002f82915da6daebd0f1fdb9c8cb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8f7886aa935d904ab3e825217d3e0ffb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/09/2014


meet_title: Northern Southland TC - 26 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: northern-southland-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: NSkelt


meet_pm2: none


name: Northern Southland TC