Archive Decision

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Forbury Park TC 11 May 2017 – R 9 – Chair, Prof G Hall

ID: JCA12333

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr D O'Connell - Licensed Open Horseman

Other Person:
Mr C Boyd - Stipendiary Steward

Information Number:
A6290

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Forbury Park TC - 11 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/11

Race Number:
R 9

Decision:

Mr O’Connell admitted the charge. The charge is proved.

Penalty:

Mr O’Connell is fined the sum of $300.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr O’Connell (ALEXY) used his whip excessively over the concluding stages of race 9, the ABURNS GLASS Mobile Pace.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Boyd, Stipendiary Steward, showed a video replay of the race. He pointed out Mr O’Connell, driving ALEXY, hit his horse 12 times with the whip without the reins. This was inside the final 180 metres of the race. There was a pause between the 10th and 11th strikes, otherwise they were continuous. Mr Tidmarsh said the strikes were at the low end of forcefulness.

Mr O’Connell confirmed that he had hit the horse 12 times. He said he was aware of the guidelines and the rule, and had miscounted.

Submissions for Penalty:

Mr Tidmarsh produced Mr O’Connell’s record. He is not a busy driver with 3 drives last season and 17 to date this season. This was the respondent’s first breach of this rule and Mr Tidmarsh submitted a $300 fine was appropriate.

Mr O’Connell said he only had one drive per meeting and when he realised a suspension of 6 meetings would be likely, he submitted a fine should be imposed.

Reasons for Penalty:

There are 12 strikes and ALEXY has initially responded to these. The starting point is a $500 fine as in the JCA Penalty Guide. This is a low-end breach and there is thus no increase to the starting point.

We give credit for Mr O’Connell’s early admission of the breach, his good record, and his co-operation in this matter.

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: 4f4549e4fc4e67d9f51867f8b0cc07a0


informantnumber: A6290


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 18/05/2017


hearing_title: Forbury Park TC 11 May 2017 - R 9 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr O’Connell (ALEXY) used his whip excessively over the concluding stages of race 9, the ABURNS GLASS Mobile Pace.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Boyd, Stipendiary Steward, showed a video replay of the race. He pointed out Mr O’Connell, driving ALEXY, hit his horse 12 times with the whip without the reins. This was inside the final 180 metres of the race. There was a pause between the 10th and 11th strikes, otherwise they were continuous. Mr Tidmarsh said the strikes were at the low end of forcefulness.

Mr O’Connell confirmed that he had hit the horse 12 times. He said he was aware of the guidelines and the rule, and had miscounted.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr O’Connell admitted the charge. The charge is proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr O’Connell’s record. He is not a busy driver with 3 drives last season and 17 to date this season. This was the respondent’s first breach of this rule and Mr Tidmarsh submitted a $300 fine was appropriate.

Mr O’Connell said he only had one drive per meeting and when he realised a suspension of 6 meetings would be likely, he submitted a fine should be imposed.


reasonsforpenalty:

There are 12 strikes and ALEXY has initially responded to these. The starting point is a $500 fine as in the JCA Penalty Guide. This is a low-end breach and there is thus no increase to the starting point.

We give credit for Mr O’Connell’s early admission of the breach, his good record, and his co-operation in this matter.


penalty:

Mr O’Connell is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr D O'Connell - Licensed Open Horseman


Otherperson: Mr C Boyd - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8935eb75fc04218528cb967fd1f32d66


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e19e5982992f9d1510b30e31c5e4ad28


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/05/2017


meet_title: Forbury Park TC - 11 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC