Banks Peninsula TC 27 November 2011 – R 2
ID: JCA14657
Meet Title:
Banks Peninsula TC - 27 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/11/27
Race Number:
R2
Decision:
As Mr Smith admitted the breach, the charge was found proved.
Penalty:
Mr Smith was fined the sum of $450.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 2, Trices Road Firewood Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that, as the driver of MAC’S WEE PEA in the race, he “used his whip in an excessive manner over the concluding stages”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had endorsed on the information form: “Don’t wish to be present as my horses have already been loaded on truck”.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Renault showed a video replay of the final 450 metres of the race. He pointed out MAC’S WEE PEA, driven by Mr Smith, leading into the home straight. Mr Renault alleged that Mr Smith had used his whip 22 times from just inside the 400 metres, and this was borne out by the video replay. His use of the whip was continuous, Mr Renault said, and Mr Smith did not dispute the number of times he had allegedly used his whip.
The Committee noted that MAC’S WEE PEA finished in 2nd placing, the margin from the winner being a long neck.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Smith had been fined the sum of $250 as recently as 22 November 2011, after defending a charge of excessive use of the whip. Last season, Mr Smith had 390 drives and, in the current season to date, has had 90 drives.
Mr Smith had endorsed on the information form the following: “I would prefer a fine and even though I had a similar hearing last week it was earlier in the race not the run home. I don’t recall having a whip misdemeanour for years before Tuesday”.
In response to a question from the Committee, Mr Renault said the strikes of the whip were made with some force and were continuous in the final 400 metres.
Mr Renault acknowledged that the circumstances of this breach differed from the very recent breach. However, both offences involved Mr Smith using his whip excessively, he said. Mr Renault submitted that an appropriate penalty would be either a fine of $500 or a 3-days’ suspension.
Reasons for Penalty:
In determining penalty, the Committee used, as a starting point, the penalty set out in the Penalty Guide – that is to say, a fine of $500 or 10 drives. The Committee noted Mr Smith’s preference for a fine and was satisfied that this breach could be dealt with by way of a fine. Mr Smith was entitled to a discount for his admission of the breach but aggravating factors were, firstly, the breach of the same Rule only 5 days earlier and, secondly, the number of strikes and the force applied.
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: a085667909ece473c29defd18bc07848
informantnumber: A5470
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Banks Peninsula TC 27 November 2011 - R 2
charge:
Excessive use of the whip.
facts:
Following the running of Race 2, Trices Road Firewood Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that, as the driver of MAC’S WEE PEA in the race, he “used his whip in an excessive manner over the concluding stages”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had endorsed on the information form: “Don’t wish to be present as my horses have already been loaded on truck”.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the final 450 metres of the race. He pointed out MAC’S WEE PEA, driven by Mr Smith, leading into the home straight. Mr Renault alleged that Mr Smith had used his whip 22 times from just inside the 400 metres, and this was borne out by the video replay. His use of the whip was continuous, Mr Renault said, and Mr Smith did not dispute the number of times he had allegedly used his whip.
The Committee noted that MAC’S WEE PEA finished in 2nd placing, the margin from the winner being a long neck.
reasonsfordecision:
Decision:
As Mr Smith admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Smith had been fined the sum of $250 as recently as 22 November 2011, after defending a charge of excessive use of the whip. Last season, Mr Smith had 390 drives and, in the current season to date, has had 90 drives.
Mr Smith had endorsed on the information form the following: “I would prefer a fine and even though I had a similar hearing last week it was earlier in the race not the run home. I don’t recall having a whip misdemeanour for years before Tuesday”.
In response to a question from the Committee, Mr Renault said the strikes of the whip were made with some force and were continuous in the final 400 metres.
Mr Renault acknowledged that the circumstances of this breach differed from the very recent breach. However, both offences involved Mr Smith using his whip excessively, he said. Mr Renault submitted that an appropriate penalty would be either a fine of $500 or a 3-days’ suspension.
reasonsforpenalty:
In determining penalty, the Committee used, as a starting point, the penalty set out in the Penalty Guide – that is to say, a fine of $500 or 10 drives. The Committee noted Mr Smith’s preference for a fine and was satisfied that this breach could be dealt with by way of a fine. Mr Smith was entitled to a discount for his admission of the breach but aggravating factors were, firstly, the breach of the same Rule only 5 days earlier and, secondly, the number of strikes and the force applied.
penalty:
Mr Smith was fined the sum of $450.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr G D Smith - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6157c93ce7d48927c59d83652928b0c5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3d1c5d11a2a005be352952ee959f01c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2011
meet_title: Banks Peninsula TC - 27 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC