NZ Metropolitan TC 20 September 2018 – R 1 – Chair, Mr D Anderson
ID: JCA13312
Meet Title:
NZ Metro TC - 20 September 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
DJackson
Race Date:
2018/09/20
Race Number:
R 1
Decision:
As Mr Edge admitted the breach the charge was found proved.
Penalty:
Mr Edge’s licence to drive is suspended from the conclusion of racing today, up to and including racing on 20 October 2018.
Facts:
Following the running of Race 1 the “BISHOPDALE & BUSH INN TABS (Amateur Drivers) Mobile Pace”, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(2) by Amateur Driver, Mr A Edge. The Information stated that Mr Edge used his whip in contravention of the use of whip guidelines.
Mr Edge signed the Iinformation stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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.
Mr Ydgren used the race video to identify Mr Edge driving (2) SENORITA MARARITA leading the field entering the home straight. He pointed to Mr Edge using his whip 13 times within the final 400 metres.
Mr Ydgren stated that Mr Edge agreed with the count of 13 strikes.
Submissions for Penalty:
Mr Ydgren said this was Mr Edge’s second breach within the last six months. He was fined $200 on 13 April 2018. Mr Ydgren said the Stewards were seeking a full calendar month as an appropriate penalty.
Reasons for Penalty:
The Committee, carefully considered all the evidence and submissions available to them. We have adopted the JCA penalty guideline for a second or subsequent breach of this rule which is a 3 to 5-day suspension.
The Committee considered this breach to be at a low level and implemented a 3-day suspension as our starting point.
There were no aggravating factors to consider an uplift of this starting point.
In mitigation we considered Mr Edge’s admission, the relatively low number of strikes, the low level of force, and that Mr Edge last breached this rule some 5 months ago. The Committee also reflected on the difficulty in fixing suspension periods for amateur drivers and the balancing exercise required to ensure that the punishment meets, in reality, the breach.
The Committee after considering the combination of the above factors imposed a 2-day suspension, which equates to a full calendar month for an Amateur Driver, as an appropriate penalty.
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: 60a56321f9d37df0439e9b5f5648a3eb
informantnumber: A09988
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 21/09/2018
hearing_title: NZ Metropolitan TC 20 September 2018 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1 the “BISHOPDALE & BUSH INN TABS (Amateur Drivers) Mobile Pace”, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(2) by Amateur Driver, Mr A Edge. The Information stated that Mr Edge used his whip in contravention of the use of whip guidelines.
Mr Edge signed the Iinformation stating he admitted the breach and that he did not wish to be present at the hearing of the information.
Rule 869(2) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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.
Mr Ydgren used the race video to identify Mr Edge driving (2) SENORITA MARARITA leading the field entering the home straight. He pointed to Mr Edge using his whip 13 times within the final 400 metres.
Mr Ydgren stated that Mr Edge agreed with the count of 13 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edge admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said this was Mr Edge’s second breach within the last six months. He was fined $200 on 13 April 2018. Mr Ydgren said the Stewards were seeking a full calendar month as an appropriate penalty.
reasonsforpenalty:
The Committee, carefully considered all the evidence and submissions available to them. We have adopted the JCA penalty guideline for a second or subsequent breach of this rule which is a 3 to 5-day suspension.
The Committee considered this breach to be at a low level and implemented a 3-day suspension as our starting point.
There were no aggravating factors to consider an uplift of this starting point.
In mitigation we considered Mr Edge’s admission, the relatively low number of strikes, the low level of force, and that Mr Edge last breached this rule some 5 months ago. The Committee also reflected on the difficulty in fixing suspension periods for amateur drivers and the balancing exercise required to ensure that the punishment meets, in reality, the breach.
The Committee after considering the combination of the above factors imposed a 2-day suspension, which equates to a full calendar month for an Amateur Driver, as an appropriate penalty.
penalty:
Mr Edge’s licence to drive is suspended from the conclusion of racing today, up to and including racing on 20 October 2018.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Guidelines
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr A Edge - Amateur Driver
Otherperson: Ms C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 781086c01ca09e95622e7f918f1f1e46
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 443b386daa8705a7ac34f31013861020
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/09/2018
meet_title: NZ Metro TC - 20 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC