Archive Decision

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Invercargill HRC 30 November 2014 – R 5

ID: JCA13440

Applicant:
Mr N Ydgren, Stipendiary Steward

Respondent(s):
Mr B Norman, Open Horseman

Information Number:
A6179

Hearing Type:
Hearing

New Charge:
improper use of the whip

Rules:
r 869(2)(a)

Plea:
admitted

Meet Title:
Invercargill HRC - 30 November 2014

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2014/11/30

Race Number:
R5

Decision:

We find the charge proved.

Penalty:

We impose a fine of $200 and remind Mr Norman of his obligations under the Rules of Harness Racing. 

Facts:

Mr Ydgren alleged that Mr Norman used his whip excessively in the final 400 metres in race 5, the JACCKA LODGE HANDICAP TROT, when hitting SPRINGFIELD EYRE on 3 occasions when his foot was out of the sulky footrest.

Rule 869 states:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Ydgren had Mr Quirke demonstrate on the video that the respondent dropped his foot out of the sulky footrest as the horse rounded the home bend and used the whip on the horse 3 times. SPRINGFIELD EYRE was in contention at the time, being approximately a length behind the 3rd horse. By the time the whip was used on the third occasion the margin was some 15 to 20 metres. The horse was noticeably tiring.

Mr Ydgren accepted that conditions were far from ideal and that drivers could have found their feet slipping out of the footrest because of the conditions. However, he did not believe that this was the reason for Mr Norman’s actions.

Mr Norman said he was having difficulty in reaching the horse and had taken his foot out of the rest in order to do so. He had not realised he had done this on 3 occasions. 

Reasons for Decision:

Mr Norman has admitted the breach.

Submissions for Penalty:

Mr Ydgren said there were mitigating circumstances, in particular the adverse conditions under which the race was run. He said the Penalty Guide recommended a starting point of $300, although he believed a penalty at this level was not appropriate on this occasion.

Mr Norman emphasised he had a clear record.

Reasons for Penalty:

The videos demonstrate that the respondent has dropped his foot from the rest on 3 occasions. Each time he has leant forward in the sulky and used the whip on SPRINGFIELD EYRE.

We agree with Mr Ydgren that this breach is at the bottom end of the range. Mr Norman has admitted the breach at the first opportunity and has an excellent record, with no breaches of any rule for the past 2 seasons.

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: 37af54da620bba30fad9c2853eee42b2


informantnumber: A6179


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: improper use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 25/11/2014


hearing_title: Invercargill HRC 30 November 2014 - R 5


charge:


facts:

Mr Ydgren alleged that Mr Norman used his whip excessively in the final 400 metres in race 5, the JACCKA LODGE HANDICAP TROT, when hitting SPRINGFIELD EYRE on 3 occasions when his foot was out of the sulky footrest.

Rule 869 states:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren had Mr Quirke demonstrate on the video that the respondent dropped his foot out of the sulky footrest as the horse rounded the home bend and used the whip on the horse 3 times. SPRINGFIELD EYRE was in contention at the time, being approximately a length behind the 3rd horse. By the time the whip was used on the third occasion the margin was some 15 to 20 metres. The horse was noticeably tiring.

Mr Ydgren accepted that conditions were far from ideal and that drivers could have found their feet slipping out of the footrest because of the conditions. However, he did not believe that this was the reason for Mr Norman’s actions.

Mr Norman said he was having difficulty in reaching the horse and had taken his foot out of the rest in order to do so. He had not realised he had done this on 3 occasions. 


reasonsfordecision:

Mr Norman has admitted the breach.


Decision:

We find the charge proved.


sumissionsforpenalty:

Mr Ydgren said there were mitigating circumstances, in particular the adverse conditions under which the race was run. He said the Penalty Guide recommended a starting point of $300, although he believed a penalty at this level was not appropriate on this occasion.

Mr Norman emphasised he had a clear record.


reasonsforpenalty:

The videos demonstrate that the respondent has dropped his foot from the rest on 3 occasions. Each time he has leant forward in the sulky and used the whip on SPRINGFIELD EYRE.

We agree with Mr Ydgren that this breach is at the bottom end of the range. Mr Norman has admitted the breach at the first opportunity and has an excellent record, with no breaches of any rule for the past 2 seasons.


penalty:

We impose a fine of $200 and remind Mr Norman of his obligations under the Rules of Harness Racing. 


hearing_type: Hearing


Rules: r 869(2)(a)


Informant: Mr N Ydgren, Stipendiary Steward


JockeysandTrainer: Mr B Norman, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 854e7e35d3db44c11fbbbba04da93893


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: 24259c9fa5085b0e811a43c6c4f92bd4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/11/2014


meet_title: Invercargill HRC - 30 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Invercargill HRC