Archive Decision

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Forbury Park TC 29 June 2012 – R10

ID: JCA13612

Applicant:
Mr N Ydgren Stipendiary Steward

Respondent(s):
Mr J Cox Open Horseman

Information Number:
1307

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
denied

Meet Title:
Forbury Park TC - 29 June 2012

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2012/06/29

Race Number:
R10

Decision:

There are simply too many uninterrupted strikes and we therefore find the charge proved.  

Penalty:

We fine Mr Cox the sum of $200 and remind him of his professional obligations.  

Charge:

Mr Ydgren alleged that Mr Cox used his whip excessively over the final 200 metres while driving out VALHALLA in race 10. 

Facts:

Mr Ydgren demonstrated on the video that the respondent used his whip 19 times on VALHALLA in the last 200 metres. 

Submissions for Decision:

Mr Ydgren explained that “excessive” meant “too much” and that while the RIU would usually always charge a driver where there were 20 or more strikes, they would exercise their discretion where there were fewer than 20, based on the particular circumstances. In this case he was concerned that the respondent had made no attempt to break up his strikes. They were relentless. Mr Cox agreed he had used the whip 19 times but said he was not hitting VALHALLA but rather the cart. He further stated that he believed he was able to use whip up to 19 times before it constituted a breach of r 869(2)(a). 

Reasons for Decision:

Mr Cox has used his whip 19 times in the last 200 metres in what the informant has correctly described as being a relentless fashion. In the last 80 or so metres the strikes are in a quick fire fashion. 

Submissions for Penalty:

Mr Ydgren produced the respondent’s record, which was clear this season. He stated he did not believe this was "a worst case scenario" and submitted a fine of between $200 and $250 was appropriate.

Mr Cox stated he did not disagree with the informant’s submission.

Reasons for Penalty:

We accept Mr Cox’s statement that he was hitting the cart not the horse. Mr Ydgren does not disagree, however, as he said, the public would not be aware of this. The quick fire use of the whip in the last 80 metres, in particular, is of concern to us.

We give credit for the respondent’s excellent record.

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: 4d5c778935456c292611dc5cd6946271


informantnumber: 1307


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 15/06/2012


hearing_title: Forbury Park TC 29 June 2012 - R10


charge:

Mr Ydgren alleged that Mr Cox used his whip excessively over the final 200 metres while driving out VALHALLA in race 10. 


facts:

Mr Ydgren demonstrated on the video that the respondent used his whip 19 times on VALHALLA in the last 200 metres. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren explained that “excessive” meant “too much” and that while the RIU would usually always charge a driver where there were 20 or more strikes, they would exercise their discretion where there were fewer than 20, based on the particular circumstances. In this case he was concerned that the respondent had made no attempt to break up his strikes. They were relentless. Mr Cox agreed he had used the whip 19 times but said he was not hitting VALHALLA but rather the cart. He further stated that he believed he was able to use whip up to 19 times before it constituted a breach of r 869(2)(a). 


reasonsfordecision:

Mr Cox has used his whip 19 times in the last 200 metres in what the informant has correctly described as being a relentless fashion. In the last 80 or so metres the strikes are in a quick fire fashion. 


Decision:

There are simply too many uninterrupted strikes and we therefore find the charge proved.  


sumissionsforpenalty:

Mr Ydgren produced the respondent’s record, which was clear this season. He stated he did not believe this was "a worst case scenario" and submitted a fine of between $200 and $250 was appropriate.

Mr Cox stated he did not disagree with the informant’s submission.


reasonsforpenalty:

We accept Mr Cox’s statement that he was hitting the cart not the horse. Mr Ydgren does not disagree, however, as he said, the public would not be aware of this. The quick fire use of the whip in the last 80 metres, in particular, is of concern to us.

We give credit for the respondent’s excellent record.


penalty:

We fine Mr Cox the sum of $200 and remind him of his professional obligations.  


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren Stipendiary Steward


JockeysandTrainer: Mr J Cox Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 48f5c12081e7c400768d9236c09e17f6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f5043a0344469b8dfeba2d23ecf122f8


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/06/2012


meet_title: Forbury Park TC - 29 June 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "DSteel", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC