Archive Decision

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Forbury Park TC 13 May 2011 – R 5

ID: JCA11994

Applicant:
Mr C Allison

Respondent(s):
Mr RD Close

Information Number:
68872

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Forbury Park TC - 13 May 2011

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2011/05/13

Race Number:
R5

Decision:

Mr Close admitted the breach, which we thus find proved. 

Penalty:

He is fined the sum of $225 and reminded of his obligations. 

Charge:

Mr Allison, stipendiary steward, alleged that Mr R D Close, the junior driver of NORA THE PIANIST used his whip excessively over the final 400 metres. 

Facts:

Mr Allison demonstrated on the video that as he turned for home Mr Close commenced to use the whip. He counted some 22 strikes from that time until the horse crossed the line. He acknowledged that there were a number of dummy strokes, but was concerned as to their frequency. He accepted that the strikes were interrupted and that the defendant had stopped at the 50 metre mark.

Mr Chmiel spoke on the defendant’s behalf and stated that the defendant had hit the horse too much trying to get it to keep up when turning for home. He emphasised that the defendant had interrupted his strikes and was still learning.
 

Submissions for Penalty:

Mr Allison produced the defendant’s record, which showed one breach in the previous 12 months: on 20 March when a fine of $200 was imposed. He submitted a not dissimilar fine was appropriate on this occasion but said he was concerned that the defendant had continued to hit his horse when not in contention.  

 

Reasons for Penalty:

We find that the defendant used the whip 22 times on the horse over the final 400 metres. We are concerned that for much of the time the whip was being used the horse was not in contention for either a dividend or stakes bearing position. We accept Mr Close was trying to achieve a better placing to assist the horse with obtaining starts in future races, but he has to remember to stay within the rules. We note that he did stop using whip some 50 metres from the winning post when it was evident the horse had given its best and was not likely to be in the finish.

We observe the defendant, a junior driver, who has had some 80 drives, has a previous breach of this rule on 20 March last when he was fined $200. We give credit for his ready admission of the breach.
 

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: 354307d28529f9a722f167172c2664c7


informantnumber: 68872


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/04/2011


hearing_title: Forbury Park TC 13 May 2011 - R 5


charge:

Mr Allison, stipendiary steward, alleged that Mr R D Close, the junior driver of NORA THE PIANIST used his whip excessively over the final 400 metres. 


facts:

Mr Allison demonstrated on the video that as he turned for home Mr Close commenced to use the whip. He counted some 22 strikes from that time until the horse crossed the line. He acknowledged that there were a number of dummy strokes, but was concerned as to their frequency. He accepted that the strikes were interrupted and that the defendant had stopped at the 50 metre mark.

Mr Chmiel spoke on the defendant’s behalf and stated that the defendant had hit the horse too much trying to get it to keep up when turning for home. He emphasised that the defendant had interrupted his strikes and was still learning.
 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Close admitted the breach, which we thus find proved. 


sumissionsforpenalty:

Mr Allison produced the defendant’s record, which showed one breach in the previous 12 months: on 20 March when a fine of $200 was imposed. He submitted a not dissimilar fine was appropriate on this occasion but said he was concerned that the defendant had continued to hit his horse when not in contention.  

 


reasonsforpenalty:

We find that the defendant used the whip 22 times on the horse over the final 400 metres. We are concerned that for much of the time the whip was being used the horse was not in contention for either a dividend or stakes bearing position. We accept Mr Close was trying to achieve a better placing to assist the horse with obtaining starts in future races, but he has to remember to stay within the rules. We note that he did stop using whip some 50 metres from the winning post when it was evident the horse had given its best and was not likely to be in the finish.

We observe the defendant, a junior driver, who has had some 80 drives, has a previous breach of this rule on 20 March last when he was fined $200. We give credit for his ready admission of the breach.
 


penalty:

He is fined the sum of $225 and reminded of his obligations. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C Allison


JockeysandTrainer: Mr RD Close


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fa12a8e3232ef8d0f0307f02d0798447


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: d058efde264b28c6cc57bf56e1fedd01


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/05/2011


meet_title: Forbury Park TC - 13 May 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC