Franklin TC 3 March 2015 – R 3
ID: JCA11799
Meet Title:
Franklin TC - 3 March 2015
Meet Chair:
BScott
Race Date:
2015/03/03
Race Number:
R3
Decision:
The charge is upheld.
Penalty:
Mr Brosnan is fined the sum of $200.00.
Facts:
Following the running of the TONY & ANNE PARKER TROT an Information was lodged by Stipendiary Steward Ms P Kinsey against Licensed Horseman Mr RJ Brosnan alleging that Mr Brosnan as the Driver of KAWARAU SPUR used his whip excessively over the concluding stages of the race.
Rule 869(2)(a) provides: that no horseman in any race shall use his whip excessively.
Mr Brosnan was present at the Hearing and he advised me that he did not admit the charge.
Ms Kinsey demonstrated the incident by use of the race films. She showed the last part of the race from prior to the home turn and she calculated that Mr Brosnan struck his horse with the whip about 25 times. She said that the Stewards did not have a problem with the force of those strikes but rather she said the number was excessive.
Ms Kinsey referred to the Whip Guidelines which provide that " excessive " includes the number of strikes, the force of the use of the whip and continuous use of the whip.
Mr Brosnan did not have any questions of Ms Kinsey.
Mr Brosnan said his use of the whip was not excessive. He did not dispute the number of strikes nor did he dispute that the use of the whip was continuous for most of the time.
Submissions for Decision:
Ms Kinsey submitted that 25 strikes with the whip is excessive and the evidence clearly showed this.
Mr Brosnan again said his use of the whip was not excessive.
Reasons for Decision:
I have listened to both parties and watched the films several times. The films clearly show the incident and show that Mr Brosnan has used his whip about 25 times. In addition to that the use was continuous except for a short time at about the 60 metres mark when he used the reins for about 10 metres and he then reverted to continuous use.
This is clearly is excessive and I am satisfied that the charge is proved.
Submissions for Penalty:
Ms Kinsey submitted that this incident was in the low to mid range. She also said that Mr Brosnan has a good record and he should be given credit for that. She submitted that a fine of $200.00 was appropriate.
I advised Mr Brosnan that the JCA Guidelines provided a starting point penalty for this offence of suspension of License for 6 drives or a $300.00 fine.
Mr Brosnan was still of the view that the use of the whip was not excessive and he did not make any submissions as to penalty.
Reasons for Penalty:
In setting penalty I have taken into account not only the evidence but also the submissions put to me. I have also reviewed the JCA Penalty Schedules for prior charges relating to this Rule. I have also advised Mr Brosnan of the starting point penalties in the JCA Guidelines.
The aggravating factors are of course the 25 strikes with the whip and the fact that those strikes are for the most part continuous.
I have take into account by way of mitigation the fact that for a short time Mr Brosnan paused in his use of the whip and also his very good record.
Taking all of the above into account I accept that the fine submitted by Ms Kinsey is 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: 26d830fbc5fc87ac8de3b6ac360ae315
informantnumber: A7408
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: denied
penaltyrequired: 1
decisiondate: 02/03/2015
hearing_title: Franklin TC 3 March 2015 - R 3
charge:
facts:
Following the running of the TONY & ANNE PARKER TROT an Information was lodged by Stipendiary Steward Ms P Kinsey against Licensed Horseman Mr RJ Brosnan alleging that Mr Brosnan as the Driver of KAWARAU SPUR used his whip excessively over the concluding stages of the race.
Rule 869(2)(a) provides: that no horseman in any race shall use his whip excessively.
Mr Brosnan was present at the Hearing and he advised me that he did not admit the charge.
Ms Kinsey demonstrated the incident by use of the race films. She showed the last part of the race from prior to the home turn and she calculated that Mr Brosnan struck his horse with the whip about 25 times. She said that the Stewards did not have a problem with the force of those strikes but rather she said the number was excessive.
Ms Kinsey referred to the Whip Guidelines which provide that " excessive " includes the number of strikes, the force of the use of the whip and continuous use of the whip.
Mr Brosnan did not have any questions of Ms Kinsey.
Mr Brosnan said his use of the whip was not excessive. He did not dispute the number of strikes nor did he dispute that the use of the whip was continuous for most of the time.
appealdecision:
isappeal:
submissionsfordecision:
Ms Kinsey submitted that 25 strikes with the whip is excessive and the evidence clearly showed this.
Mr Brosnan again said his use of the whip was not excessive.
reasonsfordecision:
I have listened to both parties and watched the films several times. The films clearly show the incident and show that Mr Brosnan has used his whip about 25 times. In addition to that the use was continuous except for a short time at about the 60 metres mark when he used the reins for about 10 metres and he then reverted to continuous use.
This is clearly is excessive and I am satisfied that the charge is proved.
Decision:
The charge is upheld.
sumissionsforpenalty:
Ms Kinsey submitted that this incident was in the low to mid range. She also said that Mr Brosnan has a good record and he should be given credit for that. She submitted that a fine of $200.00 was appropriate.
I advised Mr Brosnan that the JCA Guidelines provided a starting point penalty for this offence of suspension of License for 6 drives or a $300.00 fine.
Mr Brosnan was still of the view that the use of the whip was not excessive and he did not make any submissions as to penalty.
reasonsforpenalty:
In setting penalty I have taken into account not only the evidence but also the submissions put to me. I have also reviewed the JCA Penalty Schedules for prior charges relating to this Rule. I have also advised Mr Brosnan of the starting point penalties in the JCA Guidelines.
The aggravating factors are of course the 25 strikes with the whip and the fact that those strikes are for the most part continuous.
I have take into account by way of mitigation the fact that for a short time Mr Brosnan paused in his use of the whip and also his very good record.
Taking all of the above into account I accept that the fine submitted by Ms Kinsey is appropriate.
penalty:
Mr Brosnan is fined the sum of $200.00.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Ms P Kinsey - Stipendiary Steward
JockeysandTrainer: Mr R J Brosnan - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7159531adf54ad6789dda94e5adac9aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b6f5920bae6cfddaa2f53ccfa669e4cf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2015
meet_title: Franklin TC - 3 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Franklin TC