Rangiora HRC 5 November 2015 – R 1 – Chair, Mr KG Hales
ID: JCA11584
Meet Title:
Rangiora HRC - 5 November 2015
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/11/05
Race Number:
R1
Decision:
As Mr Edge has admitted the breach, the charge was deemed to be proved.
Penalty:
Mr Edge will have his Amateur Horseman's licence suspended for two days which period will cover race meetings at Forbury Park (19th November) and NZMTC on 27th November 2015. In addition, Mr Edge is fined the sum of $200.
Facts:
As a result of his whip actions in the closing stages of the Bishopdale/Bush Inn TAB's & Tavern Harewood Mobile Amateur Drivers Mobile Pace, Mr A Edge, Amateur Horseman, and the driver of the winner, SCANRECO BAY, was charged with using his whip excessively. Mr Edge admitted the breach of the rule.
Evidence of Mr Edge's actions was demonstrated on the video coverage of the home straight run, which revealed that Mr Edge used his whip 18 times, which although not forceful, nevertheless was regarded as excessive.
In response, Mr Edge said that the majority of the strikes were on the sulky shaft as it is the noise which urges this particular horse on. He did not contest the facts.
Submissions for Penalty:
Mr Renault, on behalf of the Stipendiary Stewards told the hearing, that Mr Edge appeared before a Judicial Committee on the 7th August 2015, on a similar charge and was fined $350. Because this was a second breach within 6 months, Mr Renault submitted that a suspension of driver's licence should be imposed, of between 3-4 days. Mr Renault conceded that the breach was not at the top end of the scale, but that it was the public perception of the matter which had to be taken into account.
In reply, Mr Edge submitted that because Amateur races were not regular, that a suspension of that period could be unusually harsh for an Amateur driver, particularly as he was still faced with the expense of keeping his horse/s in training. He submitted that a two day suspension was adequate, perhaps coupled with a fine, otherwise he may not be able to drive again until late January 2016.
Reasons for Penalty:
Having considered and balanced the submissions of the Stipendiary Stewards and Mr Edge, as well as being provided with details of the forthcoming Amateur races, we consider that a two day suspension coupled with a fine, is a proper penalty in this instance. We have not found any aggravating features associated with Mr Edge's whip use on this occasion, which would warrant an uplift on the JCA's Penalty Guide. The mitigating factors are Mr Edge's early admission of the breach, and the Stipendiary Stewards' view that it was not the most serious breach of its kind.
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: 1e37f7117211b52ebcc1791dcd94cae7
informantnumber: A3624
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2015
hearing_title: Rangiora HRC 5 November 2015 - R 1 - Chair, Mr KG Hales
charge:
facts:
As a result of his whip actions in the closing stages of the Bishopdale/Bush Inn TAB's & Tavern Harewood Mobile Amateur Drivers Mobile Pace, Mr A Edge, Amateur Horseman, and the driver of the winner, SCANRECO BAY, was charged with using his whip excessively. Mr Edge admitted the breach of the rule.
Evidence of Mr Edge's actions was demonstrated on the video coverage of the home straight run, which revealed that Mr Edge used his whip 18 times, which although not forceful, nevertheless was regarded as excessive.
In response, Mr Edge said that the majority of the strikes were on the sulky shaft as it is the noise which urges this particular horse on. He did not contest the facts.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edge has admitted the breach, the charge was deemed to be proved.
sumissionsforpenalty:
Mr Renault, on behalf of the Stipendiary Stewards told the hearing, that Mr Edge appeared before a Judicial Committee on the 7th August 2015, on a similar charge and was fined $350. Because this was a second breach within 6 months, Mr Renault submitted that a suspension of driver's licence should be imposed, of between 3-4 days. Mr Renault conceded that the breach was not at the top end of the scale, but that it was the public perception of the matter which had to be taken into account.
In reply, Mr Edge submitted that because Amateur races were not regular, that a suspension of that period could be unusually harsh for an Amateur driver, particularly as he was still faced with the expense of keeping his horse/s in training. He submitted that a two day suspension was adequate, perhaps coupled with a fine, otherwise he may not be able to drive again until late January 2016.
reasonsforpenalty:
Having considered and balanced the submissions of the Stipendiary Stewards and Mr Edge, as well as being provided with details of the forthcoming Amateur races, we consider that a two day suspension coupled with a fine, is a proper penalty in this instance. We have not found any aggravating features associated with Mr Edge's whip use on this occasion, which would warrant an uplift on the JCA's Penalty Guide. The mitigating factors are Mr Edge's early admission of the breach, and the Stipendiary Stewards' view that it was not the most serious breach of its kind.
penalty:
Mr Edge will have his Amateur Horseman's licence suspended for two days which period will cover race meetings at Forbury Park (19th November) and NZMTC on 27th November 2015. In addition, Mr Edge is fined the sum of $200.
hearing_type: Hearing
Rules: Rule 869(2) No horseman shall during any race:-, (a) use his whip in an unnecessary, excessive or improper manner;
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Edge – Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 98b03792b666bd3c9fab7a255d98b6e2
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: aa417dd2f6e4b39828f21f325fcf9ef2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/11/2015
meet_title: Rangiora HRC - 5 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC