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Forbury Park TC 25 November 2010 – R 4

ID: JCA14694

Applicant:
Mr N Ydgren

Respondent(s):
Mr A Milne

Information Number:
69395

Hearing Type:
Hearing

Rules:
869(2)(s)

Plea:
admitted

Meet Title:
Forbury Park TC - 25 November 2010

Meet Chair:
Ghall

Meet Committee Member 1:
DSteel

Race Date:
2010/11/25

Race Number:
R 4

Decision:

AMATI DEBUT finished 4th last some 16.9 lengths from the winner. The whip was used on the horse until approximately 50 to 75 metres before the winning post when Mr Milne turned the whip around. We accept the horse was still progressing but unfortunately not at the same rate as those horses similarly placed in the field. We note that the last ¼ was run in 27.5 seconds. This is a fast time and we would have thought that a driver of Mr Milne’s experience would have recognised this fact and that his horse was not going to make significant progress on the leaders given that time.

Mr Milne said that he was educating his horse. Mr Ydgren is correct when he says workouts and trials are the place for this. The perception of the racing public of Mr Milne’s actions would not be good.

The horse had given its best by the 300 metres and it was simply unnecessary to proceed as Mr Milne did. We thus find the charge proved.
 

Penalty:

We accept Mr Ydgren’s submission that a fine of $200 would be appropriate for the gravity of the breach. Having regard to Mr Milne’s exemplary record under this rule for over 30 years, he is fined the sum of $150.

 

Charge:

Mr Milne is charged with a breach of R 869(2)(a) in that throughout the run home he used his whip on several occasions despite having next to no chance in the event, which use the Stewards deemed to be unnecessary.

Facts:

Mr Ydgren has demonstrated on the video that Mr Milne used the whip 5 to 6 times prior to the home turn. Mr Ydgren says he has no issue with this and nor does this Committee as we accept that the horse had to be tried. However, Mr Ydgren alleges that the continued use of the whip on AMATI DEBUT in the straight when the horse was towards the rear of the field was a breach of the rule in that this was unnecessary.

Mr Milne says he was “travelling ok” but became flat-footed when the leaders sprinted. He added that AMATI DEBUT was a big strong horse and needed a wake-up call. The horse, he said, was still progressing and was not stopping.
 

Submissions for Penalty:

Mr Ydgren said Mr Milne’s record was clear with respect to this rule and noted the Judicial Control Authority penalty guidelines indicated that a $250 fine was appropriate for a breach of this rule. He believed this breach was towards the lower end of the scale.

Mr Milne said he had never been charged with unnecessary or excessive use of the whip in his over 30 years’ experience in the industry. He asked for a warning.
 

Reasons for Penalty:

We accept, as did Mr Ydgren, that this was a momentary lapse of judgment. There was no venom in Mr Milne’s actions. He was not flogging the horse. However, there is the issue of the public perception of the use of the whip on a clearly tired horse, and Mr Milne needs to be aware of this.

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: 718597180322f45e8d72edeb48495962


informantnumber: 69395


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 22/11/2010


hearing_title: Forbury Park TC 25 November 2010 - R 4


charge:

Mr Milne is charged with a breach of R 869(2)(a) in that throughout the run home he used his whip on several occasions despite having next to no chance in the event, which use the Stewards deemed to be unnecessary.


facts:

Mr Ydgren has demonstrated on the video that Mr Milne used the whip 5 to 6 times prior to the home turn. Mr Ydgren says he has no issue with this and nor does this Committee as we accept that the horse had to be tried. However, Mr Ydgren alleges that the continued use of the whip on AMATI DEBUT in the straight when the horse was towards the rear of the field was a breach of the rule in that this was unnecessary.

Mr Milne says he was “travelling ok” but became flat-footed when the leaders sprinted. He added that AMATI DEBUT was a big strong horse and needed a wake-up call. The horse, he said, was still progressing and was not stopping.
 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

AMATI DEBUT finished 4th last some 16.9 lengths from the winner. The whip was used on the horse until approximately 50 to 75 metres before the winning post when Mr Milne turned the whip around. We accept the horse was still progressing but unfortunately not at the same rate as those horses similarly placed in the field. We note that the last ¼ was run in 27.5 seconds. This is a fast time and we would have thought that a driver of Mr Milne’s experience would have recognised this fact and that his horse was not going to make significant progress on the leaders given that time.

Mr Milne said that he was educating his horse. Mr Ydgren is correct when he says workouts and trials are the place for this. The perception of the racing public of Mr Milne’s actions would not be good.

The horse had given its best by the 300 metres and it was simply unnecessary to proceed as Mr Milne did. We thus find the charge proved.
 


sumissionsforpenalty:

Mr Ydgren said Mr Milne’s record was clear with respect to this rule and noted the Judicial Control Authority penalty guidelines indicated that a $250 fine was appropriate for a breach of this rule. He believed this breach was towards the lower end of the scale.

Mr Milne said he had never been charged with unnecessary or excessive use of the whip in his over 30 years’ experience in the industry. He asked for a warning.
 


reasonsforpenalty:

We accept, as did Mr Ydgren, that this was a momentary lapse of judgment. There was no venom in Mr Milne’s actions. He was not flogging the horse. However, there is the issue of the public perception of the use of the whip on a clearly tired horse, and Mr Milne needs to be aware of this.


penalty:

We accept Mr Ydgren’s submission that a fine of $200 would be appropriate for the gravity of the breach. Having regard to Mr Milne’s exemplary record under this rule for over 30 years, he is fined the sum of $150.

 


hearing_type: Hearing


Rules: 869(2)(s)


Informant: Mr N Ydgren


JockeysandTrainer: Mr A Milne


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3a9acb8764b24a7242de4040b6dd4a8a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bc27e3a98acd4fd86c885282ba906b9d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/11/2010


meet_title: Forbury Park TC - 25 November 2010


meet_expappcomment:


meet_km:


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: Ghall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC