Banks Peninsula TC 26 January 2020 – R 5 – Chair, Mr R McKenzie
ID: JCA11883
Meet Title:
Banks Peninsula TC - 26 January 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/01/26
Race Number:
R5
Decision:
Mr Edmonds having admitted the charge, the charge is found proved.
Penalty:
Mr Edmonds’ Open Driver’s licence is suspended for 3 days from after the close of racing today, up to and including 6 February 2020. The meetings intended to be encompassed by that period of suspension are NZ Metropolitan TC on 31 January, Geraldine TC on 1 February and Rangiora HRC on 6 February 2020.
Facts:
Following the running of Race 5, Chris Jones – Bayleys Real Estate Trot, an information was filed by Stipendiary Steward, Ms C M Tibbs, against Licensed Open Driver, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of CHIVASION in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr Edmonds had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms Tibbs pointed out, on a video replay, CHIVASION driven by Mr Edmonds the widest runner as the field turned for home. From about the 200 metres, Ms Tibbs alleged, Mr Edmonds had used his whip in a clear striking motion 11 times to the finishing line.
Mr Edmonds accepted the alleged count of 11, and the Committee was satisfied with that count based on its own observation of the video replay.
The Committee noted that CHIVASION won the race by the margin of a ½ head.
Submissions for Penalty:
Ms Tibbs told the Committee that Mr Edmonds has a breach of the rule on his record – at Nelson on 10 January 2020, fined $300. He has had 38 drives to date this season and had 81 drives in the 2018/2019 season. He has had two drives since the breach of the rule on 10 January. She referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a second breach of the rule is a 3-5 days suspension. This was a low-end breach of the rule and, accordingly, Stewards were submitting for a 3 days suspension, Ms Tibbs said.
Mr Edmonds told the Committee that he accepted that a suspension was inevitable. He said that he does not seek any deferment of suspension, which could start immediately.
Reasons for Penalty:
The Committee being satisfied that Mr Edmonds had used his whip 11 times in the final 400 metres in breach of the rule and the regulations, the penalty prescribed under the regulations is a 3-5 days suspension.
The Committee agrees that the breach is low-end having regard to the number of strikes and, accordingly, a 3-days suspension is the appropriate starting point. There are no aggravating or mitigating factors to be considered.
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: 27b63f642817be1792b6fed296e4cc76
informantnumber: A11241
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2020
hearing_title: Banks Peninsula TC 26 January 2020 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Chris Jones – Bayleys Real Estate Trot, an information was filed by Stipendiary Steward, Ms C M Tibbs, against Licensed Open Driver, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of CHIVASION in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr Edmonds had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms Tibbs pointed out, on a video replay, CHIVASION driven by Mr Edmonds the widest runner as the field turned for home. From about the 200 metres, Ms Tibbs alleged, Mr Edmonds had used his whip in a clear striking motion 11 times to the finishing line.
Mr Edmonds accepted the alleged count of 11, and the Committee was satisfied with that count based on its own observation of the video replay.
The Committee noted that CHIVASION won the race by the margin of a ½ head.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Edmonds having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Ms Tibbs told the Committee that Mr Edmonds has a breach of the rule on his record – at Nelson on 10 January 2020, fined $300. He has had 38 drives to date this season and had 81 drives in the 2018/2019 season. He has had two drives since the breach of the rule on 10 January. She referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a second breach of the rule is a 3-5 days suspension. This was a low-end breach of the rule and, accordingly, Stewards were submitting for a 3 days suspension, Ms Tibbs said.
Mr Edmonds told the Committee that he accepted that a suspension was inevitable. He said that he does not seek any deferment of suspension, which could start immediately.
reasonsforpenalty:
The Committee being satisfied that Mr Edmonds had used his whip 11 times in the final 400 metres in breach of the rule and the regulations, the penalty prescribed under the regulations is a 3-5 days suspension.
The Committee agrees that the breach is low-end having regard to the number of strikes and, accordingly, a 3-days suspension is the appropriate starting point. There are no aggravating or mitigating factors to be considered.
penalty:
Mr Edmonds’ Open Driver’s licence is suspended for 3 days from after the close of racing today, up to and including 6 February 2020. The meetings intended to be encompassed by that period of suspension are NZ Metropolitan TC on 31 January, Geraldine TC on 1 February and Rangiora HRC on 6 February 2020.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: C M Tibbs, Stipendiary Steward
JockeysandTrainer: M P Edmonds, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1bddde01e30d85b0d10454642dc31aaa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c70c3e51f616fc9ab71ba659f34e193c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2020
meet_title: Banks Peninsula TC - 26 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC