Banks Peninsula TC 28 September 2014
ID: JCA13210
Meet Title:
Banks Peninsula TC - 28 September 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/09/28
Race Number:
R5
Decision:
As Mr Telfer had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Telfer was fined the sum of $200.
Facts:
Following the running of Race 5, the Advanced Joinery For Kitchens Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Graduation Horseman Mr G Telfer, alleging a breach of Rule 869(2)(a) in that he used his whip in an improper manner by using the whip after the 200m with his foot out of the footrest for approximately 100m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr Telfer had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Telfer also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the incident which showed SYBKA BRAT, driven by Mr Telfer, in a prominent position as the field approached the 200m. He then pointed out Mr Telfer drop his foot out of the footrest approximately 30m inside the 200m and strike SYBKA BRAT on 5 to 6 occasions and over a distance of nearly 100m before returning his foot back to the footrest.
Mr Telfer stated that SYBKA BRAT would not have finished in 4th place had he not dropped his foot out of the footrest to help balance the horse up.
Submissions for Penalty:
Mr Wallis stated that Mr Telfer had a good penalty record in regard to this rule. He said that Mr Telfer had a career total of 332 drives with 4 in this current season. He also stated that Mr Telfer should be given credit for his admission of the breach.
Mr Wallis submitted that a fine of around $200 be considered as penalty in this case.
Mr Telfer submitted that he was in a position to pay a fine and sought a minimal penalty.
Reasons for Penalty:
In determining penalty we took the JCA Penalty Guide recommendation of $300 as a starting point. We were able to give Mr Telfer a discount of $50 for his good record and a further discount of $50 for his admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $200.
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: 52caba4ce6b5eb9af166fe7326ab88a0
informantnumber: A 6603
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-improper use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2014
hearing_title: Banks Peninsula TC 28 September 2014
charge:
facts:
Following the running of Race 5, the Advanced Joinery For Kitchens Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Graduation Horseman Mr G Telfer, alleging a breach of Rule 869(2)(a) in that he used his whip in an improper manner by using the whip after the 200m with his foot out of the footrest for approximately 100m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr Telfer had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Telfer also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the incident which showed SYBKA BRAT, driven by Mr Telfer, in a prominent position as the field approached the 200m. He then pointed out Mr Telfer drop his foot out of the footrest approximately 30m inside the 200m and strike SYBKA BRAT on 5 to 6 occasions and over a distance of nearly 100m before returning his foot back to the footrest.
Mr Telfer stated that SYBKA BRAT would not have finished in 4th place had he not dropped his foot out of the footrest to help balance the horse up.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Telfer had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Telfer had a good penalty record in regard to this rule. He said that Mr Telfer had a career total of 332 drives with 4 in this current season. He also stated that Mr Telfer should be given credit for his admission of the breach.
Mr Wallis submitted that a fine of around $200 be considered as penalty in this case.
Mr Telfer submitted that he was in a position to pay a fine and sought a minimal penalty.
reasonsforpenalty:
In determining penalty we took the JCA Penalty Guide recommendation of $300 as a starting point. We were able to give Mr Telfer a discount of $50 for his good record and a further discount of $50 for his admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $200.
penalty:
Accordingly Mr Telfer was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: G Telfer-Licensed Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 08364ead849c1f8c1de44098ad1cc4eb
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: ba5855401ad6710962789617a4a9885a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2014
meet_title: Banks Peninsula TC - 28 September 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC