Archive Decision

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Wyndham HRC 19 November 2017 – R 7 – Chair, Mr V Munro

ID: JCA13871

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Beck Open Horseman

Information Number:
A9768

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wyndham HRC - 19 November 2017

Meet Chair:
VMUnro

Meet Committee Member 1:
PKnowles

Race Date:
2017/11/19

Race Number:
R 7

Decision:

Mr Beck having admitted the charge, the charge is proved.

Penalty:

We fine Mr Beck $300.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Beck (BETTER ENFORCE) used his whip in an excessive manner inside the final 400 metres of the Titiroa Transport Ltd 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 Beck had signed the Statement by the Respondent on the information indicating that he admitted the breach and also that he did not wish to be present for the hearing.

Mr Tidmarsh, showed a video replay of the last part of the race. He identified Mr Beck (BETTER ENFORCE) positioned in the trail at the 400 metres. He alleged that Mr Beck has used his whip a total of 11 times in the last 250 metres of the race, with a mixture of forehand and backhand strikes.

Submissions for Penalty:

Mr Tidmarsh produced Mr Beck’s record, which was clear under this rule in the past 6 months.

The respondent is an experienced Southland driver who has had 18 drives to date this season and 130 drives last season.

Mr Tidmarsh further stated that there was some respite between the strikes but it is the totality of the numbers being over the threshold. With Mr Beck’s admission and a clear record, his view was an appropriate fine of around $300.

Reasons for Penalty:

The starting point under the JCA Penalty Guide is a $500 fine or a 10 day suspension. We adopt a starting point $500. There are no aggravating factors in this matter. The mitigating factors are the admission of the breach and Mr Beck’s clear record. We therefore give a credit 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: 7ad1fe72d9cf59d5e65e79e793efcb55


informantnumber: A9768


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 22/11/2017


hearing_title: Wyndham HRC 19 November 2017 - R 7 - Chair, Mr V Munro


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Beck (BETTER ENFORCE) used his whip in an excessive manner inside the final 400 metres of the Titiroa Transport Ltd 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 Beck had signed the Statement by the Respondent on the information indicating that he admitted the breach and also that he did not wish to be present for the hearing.

Mr Tidmarsh, showed a video replay of the last part of the race. He identified Mr Beck (BETTER ENFORCE) positioned in the trail at the 400 metres. He alleged that Mr Beck has used his whip a total of 11 times in the last 250 metres of the race, with a mixture of forehand and backhand strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Beck having admitted the charge, the charge is proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Beck’s record, which was clear under this rule in the past 6 months.

The respondent is an experienced Southland driver who has had 18 drives to date this season and 130 drives last season.

Mr Tidmarsh further stated that there was some respite between the strikes but it is the totality of the numbers being over the threshold. With Mr Beck’s admission and a clear record, his view was an appropriate fine of around $300.


reasonsforpenalty:

The starting point under the JCA Penalty Guide is a $500 fine or a 10 day suspension. We adopt a starting point $500. There are no aggravating factors in this matter. The mitigating factors are the admission of the breach and Mr Beck’s clear record. We therefore give a credit of $200.


penalty:

We fine Mr Beck $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Beck Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e9b54b6c889e04f230c7cad8249673c5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8560724730062c7428317f134a2f127d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/11/2017


meet_title: Wyndham HRC - 19 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: VMUnro


meet_pm1: PKnowles


meet_pm2: none


name: Wyndham HRC