Akaroa TC 11 December 2016 – R 5 – Chair, Mr S Ching
ID: JCA14626
Meet Title:
Akaroa TC - 11 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/12/11
Race Number:
R5
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Edmonds was fined the sum of $400.
Facts:
Following the running of Race 5, the Resource Recycling Thelma Memorial Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that whilst driving ALL BLING, he used his whip excessively in the home straight.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr S Renault, of the run home. He pointed out Mr Edmonds driving ALL BLING midfield, racing in a 2-wide position and angling out to improve. Mr Wallis said that approaching the 200m Mr Edmonds drew the whip and used it on 18 occasions over the final stages which was clearly well in excess of the new guideline maximum of 10 strikes. He also said that the level of the breach was mid to high due to the number of strikes being nearly twice the new guideline limit of 10 strikes in the last 400m.
Submissions for Penalty:
Mr Wallis stated that Mr Edmonds' penalty record shows a breach of this rule on 29 January at Addington where he received a 4-day suspension. He stated that was 11 months prior to today and with the reset period regarding penalties under this rule being 6 months, submitted that Mr Edmonds had a good record. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule. Mr Wallis said that the breach was at a mid to high level, which was an aggravating factor and submitted that after consideration for Mr Edmond’s good record and admission of the breach, a fine of $400 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, we have taken into consideration all factors, both mitigating and aggravating. In adopting the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule, we find the aggravating factor of the breach being at a mid to high level, warranted an uplift of $100 to $600. We were however, able to afford Mr Edmond a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $400.
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: 9c6726f99ebecdd709f93ed9e7227658
informantnumber: A8431
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2016
hearing_title: Akaroa TC 11 December 2016 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Resource Recycling Thelma Memorial Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that whilst driving ALL BLING, he used his whip excessively in the home straight.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr S Renault, of the run home. He pointed out Mr Edmonds driving ALL BLING midfield, racing in a 2-wide position and angling out to improve. Mr Wallis said that approaching the 200m Mr Edmonds drew the whip and used it on 18 occasions over the final stages which was clearly well in excess of the new guideline maximum of 10 strikes. He also said that the level of the breach was mid to high due to the number of strikes being nearly twice the new guideline limit of 10 strikes in the last 400m.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edmonds 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 Edmonds' penalty record shows a breach of this rule on 29 January at Addington where he received a 4-day suspension. He stated that was 11 months prior to today and with the reset period regarding penalties under this rule being 6 months, submitted that Mr Edmonds had a good record. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule. Mr Wallis said that the breach was at a mid to high level, which was an aggravating factor and submitted that after consideration for Mr Edmond’s good record and admission of the breach, a fine of $400 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, we have taken into consideration all factors, both mitigating and aggravating. In adopting the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule, we find the aggravating factor of the breach being at a mid to high level, warranted an uplift of $100 to $600. We were however, able to afford Mr Edmond a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $400.
penalty:
Accordingly, Mr Edmonds was fined the sum of $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: M Edmonds-Licensed Open Horseman
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a9ed707b166c36d98aa50ce36ccad80
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: dcb2222ee8b8085a4301a0e87aa7adf6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2016
meet_title: Akaroa TC - 11 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC