Archive Decision

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Roxburgh TC 4 January 2017 – R 4 – Chair, Mr P Knowles

ID: JCA11629

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr N Williamson - Open Horseman

Information Number:
A8567

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869 (2) (a)

Plea:
admitted

Meet Title:
Roxburgh TC - 4 January 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/01/04

Race Number:
R1

Decision:

Mr Williamson admitted the breach and appeared at the hearing. It is clear from the video evidence that Mr Williamson struck his horse in excess of 10 times. The charge is found proved.

Penalty:

Mr Williamson is fined $300.

Facts:

Following the running of race # 4 the van der VOORT FAMILY/HARLIWICH HOLDINGS/MILTON NIGHT N’DAY MOBILE PACE stewards alleged that “Mr N Williamson used his whip excessively over the final400 metres”

Rule 869 (2) (a) reads:

               (2) No horseman shall during any race

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

Mr Williamson admitted the charge and appeared at the hearing.

Mr Tidmarsh, with the aid of the video replays, identified the position of Mr Williamson (Tour Director) leading the field at the 400 metre mark. He stated Mr Williamson used his whip several times before a flurry of backhanders on the turn. The last and final strike was about 100m from the finish. In all Mr Williamson had struck his horse 11 times inside the final 400m.

Mr Williamson stated he thought he had struck the horse 10 times. He said Tour Director was a lazy horse and because of the track conditions (slushy) he had used his whip earlier than normal. 

Submissions for Penalty:

Mr Tidmarsh submitted that Mr Williamson had an excellent record. He had drive 135 times this season and 591 times last season. He had one previous breach of the rule, but prior to the new whip guidelines from December 1st 2016. Stewards were treating this breach as a first offence. He had admitted the charge and the excessive use was at the low end of the scale. The JCA Penalty Guide recommended a starting point of $500. The stewards sought a penalty of $300.

Mr Williamson accepted the submissions of the Steward and made no specific submissions as to penalty.

Reasons for Penalty:

We adopt a starting point as per the JCA Guidelines of $500. There are no aggravating features and therefore no uplift. Credit is given for Mr Williamson’s excellent record, his early admission of the breach and his use of the whip was low end. The Stewards submitted a fine of $300 and we find no reason to go below or above that figure.

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: 25bbba47b6d378cb4f21525fba6befda


informantnumber: A8567


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/01/2017


hearing_title: Roxburgh TC 4 January 2017 - R 4 - Chair, Mr P Knowles


charge:


facts:

Following the running of race # 4 the van der VOORT FAMILY/HARLIWICH HOLDINGS/MILTON NIGHT N’DAY MOBILE PACE stewards alleged that “Mr N Williamson used his whip excessively over the final400 metres”

Rule 869 (2) (a) reads:

               (2) No horseman shall during any race

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

Mr Williamson admitted the charge and appeared at the hearing.

Mr Tidmarsh, with the aid of the video replays, identified the position of Mr Williamson (Tour Director) leading the field at the 400 metre mark. He stated Mr Williamson used his whip several times before a flurry of backhanders on the turn. The last and final strike was about 100m from the finish. In all Mr Williamson had struck his horse 11 times inside the final 400m.

Mr Williamson stated he thought he had struck the horse 10 times. He said Tour Director was a lazy horse and because of the track conditions (slushy) he had used his whip earlier than normal. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Williamson admitted the breach and appeared at the hearing. It is clear from the video evidence that Mr Williamson struck his horse in excess of 10 times. The charge is found proved.


sumissionsforpenalty:

Mr Tidmarsh submitted that Mr Williamson had an excellent record. He had drive 135 times this season and 591 times last season. He had one previous breach of the rule, but prior to the new whip guidelines from December 1st 2016. Stewards were treating this breach as a first offence. He had admitted the charge and the excessive use was at the low end of the scale. The JCA Penalty Guide recommended a starting point of $500. The stewards sought a penalty of $300.

Mr Williamson accepted the submissions of the Steward and made no specific submissions as to penalty.


reasonsforpenalty:

We adopt a starting point as per the JCA Guidelines of $500. There are no aggravating features and therefore no uplift. Credit is given for Mr Williamson’s excellent record, his early admission of the breach and his use of the whip was low end. The Stewards submitted a fine of $300 and we find no reason to go below or above that figure.


penalty:

Mr Williamson is fined $300.


hearing_type: Hearing


Rules: 869 (2) (a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr N Williamson - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b698a82b1ef8c6dfc5e6acb4a2e4f3a6


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: 73a2ba5bf411b41ecf2d03a8c5f52daf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/01/2017


meet_title: Roxburgh TC - 4 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: roxburgh-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Roxburgh TC