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Ashburton TC 20 July 2014 – R 1

ID: JCA11649

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr TW Jellyman - Licensed Open Horseman

Other Person:
Mr N McIntyre - Co-Chief Stipendiary Steward

Information Number:
A6479

Hearing Type:
Hearing

New Charge:
Used whip in an unnecessary manner

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Ashburton TC - 20 July 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/07/20

Race Number:
R 1

Decision:

Mr Jellyman having admitted the breach, the charge was found proved.

Penalty:

Mr Jellyman’s Open Horseman’s Licence was suspended from 21 July 2014 up to and including Friday, 8 August 2014 – effectively, 5 driving days. The meetings intended to be encompassed by the term of suspension are Addington on 25 July, Rangiora on 27 July, Addington on 31 July, Oamaru on 3 August and Addington on 8 August 2014.

Facts:

Following the running of Race 1, Braided River Restaurant & Bar Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr T W Jellyman, alleging that Mr Jellyman, as the driver of LITTLE MISS in the race, “used his whip in an unnecessary manner in the run home when driving LITTLE MISS”.

Mr Jellyman 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.

Submissions for Decision:

Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the final 300 metres of the race.

Mr McIntyre pointed out Mr Jellyman, driving LITTLE MISS, racing towards the rear of the field as the field approached the home turn. Mr McIntyre said that the Stewards were alleging that Mr Jellyman had used his whip in an unnecessary manner. He had no reasonable chance of finishing in the first six and should have put his whip away. He was not “flogging” the horse but the concern was that he was using his whip when so far out of contention and the public perception of that.
Mr McIntyre alleged that Mr Jellyman had used his whip on eight occasions. Mr Jellyman did not dispute that number.
Mr Jellyman said that he was just keeping the mare “on the job” and he did not want her to “knock off”. He submitted that he did not hit the horse hard and, on a couple of occasions, he only hit the sulky shaft. He acknowledged that it did not look good. He said that he was disappointed in the mare after she had won a workout at Chertsey on 12 July against the pacers. It was also the mare’s first start for 5 months, he said.
The Committee noted that LITTLE MISS had finished in 12th placing in the race.

Submissions for Penalty:

Mr Renault told the Committee that Mr Jellyman has had 11 drives in the current season prior to this meeting and 21 in the 2012/2013 season. He drives mainly his own horses.
Mr Renault referred to the starting point of a $300 fine or 6 drives for a breach of the Rule as provided in the Penalty Guide. He submitted that a fine of between $200-250 was appropriate in this case.

Mr Jellyman asked the Committee to consider a suspension rather than a fine. Mr Renault, in response, submitted that if the Committee were to consider imposing a suspension, then a suspension for 4-5 driving days would be appropriate.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Jellyman’s admission of the breach and his clear record, albeit from a limited number of drives. These were mitigating factors for which Mr Jellyman was entitled to credit. The Committee also took into account that none of the strikes were delivered with any force. The Committee also accepted Mr Jellyman’s submission that a term of suspension was an appropriate penalty. Four drives would have been an appropriate penalty but the Committee decided upon a 5-days’ suspension on the basis that Mr Jellyman is unlikely to have a drive at all of the next four meetings. A 5-days’ suspension was more appropriate.

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: 2e89ac63ca8843c3ccaa73f09f8a720e

informantnumber: A6479

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Used whip in an unnecessary manner

plea: admitted

penaltyrequired: 1

decisiondate: 28/08/2014

hearing_title: Ashburton TC 20 July 2014 - R 1

charge:

facts:

Following the running of Race 1, Braided River Restaurant & Bar Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr T W Jellyman, alleging that Mr Jellyman, as the driver of LITTLE MISS in the race, “used his whip in an unnecessary manner in the run home when driving LITTLE MISS”.

Mr Jellyman 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.

appealdecision:

isappeal:

submissionsfordecision:

Mr Renault had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the final 300 metres of the race.

Mr McIntyre pointed out Mr Jellyman, driving LITTLE MISS, racing towards the rear of the field as the field approached the home turn. Mr McIntyre said that the Stewards were alleging that Mr Jellyman had used his whip in an unnecessary manner. He had no reasonable chance of finishing in the first six and should have put his whip away. He was not “flogging” the horse but the concern was that he was using his whip when so far out of contention and the public perception of that.
Mr McIntyre alleged that Mr Jellyman had used his whip on eight occasions. Mr Jellyman did not dispute that number.
Mr Jellyman said that he was just keeping the mare “on the job” and he did not want her to “knock off”. He submitted that he did not hit the horse hard and, on a couple of occasions, he only hit the sulky shaft. He acknowledged that it did not look good. He said that he was disappointed in the mare after she had won a workout at Chertsey on 12 July against the pacers. It was also the mare’s first start for 5 months, he said.
The Committee noted that LITTLE MISS had finished in 12th placing in the race.

reasonsfordecision:

Decision:

Mr Jellyman having admitted the breach, the charge was found proved.

sumissionsforpenalty:

Mr Renault told the Committee that Mr Jellyman has had 11 drives in the current season prior to this meeting and 21 in the 2012/2013 season. He drives mainly his own horses.
Mr Renault referred to the starting point of a $300 fine or 6 drives for a breach of the Rule as provided in the Penalty Guide. He submitted that a fine of between $200-250 was appropriate in this case.

Mr Jellyman asked the Committee to consider a suspension rather than a fine. Mr Renault, in response, submitted that if the Committee were to consider imposing a suspension, then a suspension for 4-5 driving days would be appropriate.

reasonsforpenalty:

In determining penalty, the Committee took into account Mr Jellyman’s admission of the breach and his clear record, albeit from a limited number of drives. These were mitigating factors for which Mr Jellyman was entitled to credit. The Committee also took into account that none of the strikes were delivered with any force. The Committee also accepted Mr Jellyman’s submission that a term of suspension was an appropriate penalty. Four drives would have been an appropriate penalty but the Committee decided upon a 5-days’ suspension on the basis that Mr Jellyman is unlikely to have a drive at all of the next four meetings. A 5-days’ suspension was more appropriate.

penalty:

Mr Jellyman’s Open Horseman’s Licence was suspended from 21 July 2014 up to and including Friday, 8 August 2014 – effectively, 5 driving days. The meetings intended to be encompassed by the term of suspension are Addington on 25 July, Rangiora on 27 July, Addington on 31 July, Oamaru on 3 August and Addington on 8 August 2014.

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr SP Renault - Stipendiary Steward

JockeysandTrainer: Mr TW Jellyman - Licensed Open Horseman

Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: cb79167522cfcce934f62f2235ba77c4

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 930f7f3626bda988d7c6fceb2e1ef919

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 20/07/2014

meet_title: Ashburton TC - 20 July 2014

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: SChing

meet_pm2: none

name: Ashburton TC