Archive Decision

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Central Otago TC 2 January 2017 – R 1 – Chair, Mr P Knowles

ID: JCA14714

Applicant:
Mr L Tidmarsh - Stipendiary Steward, Mr N McIntyre - Chairman of Stewards

Respondent(s):
Mr A Edge - Amateur Horseman

Information Number:
A8560

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Central Otago TC - 2 January 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/01/02

Race Number:
R5

Decision:

 Mr Edge attended the hearing and admitted the breach of the Rule. We find the breach proved.

Penalty:

 Mr Edge is fined $300.

Facts:

N McIntyre – Chairman of Stewards

Following the running of the BISHOPDALE/BUSH INN TABS & TAVERN HAREWOOD/SINNAMON FAMILY MOBILE PACE, Stewards lodged an information alleging “Mr A Edge used his whip in an excessive manner in the final 400 metres”.

Rule 869 (2) (a) reads:

(2) No horseman shall during any race:­-

(a) use his whip in an unnecessary, excessive or improper manner.

Mr Edge appeared at the hearing and admitted the breach of the Rule.

Mr Tidmarsh, with the assistance of the video replays, indicated that Mr Edge (Royal Jester) was outside the leader and challenging for the lead as the field entered the home straight. He stated Mr Edge used his whip 12 times from the 200m mark to the finish.

Mr Edge stated he had struck the horse 3 times and the sulky sheet/shaft a further 9 times. He understood the Rule and the regulations provided for 10 strikes of the whip only.

Submissions for Penalty:

Mr Tidmarsh stated Mr Edge was a very busy Amateur Driver in the Canterbury/Otago areas. He had driven 11 times this season, 31 times last season and 26 times the season before. Mr Edge was fined $300 under the same Rule at NZ Metro in August (2016) but that was before the new Whip Regulations came into effect on December 1st (2016). The JCA Guidelines refer to a fine of $500 or a 2 day suspension. He was seeking a fine of $300.

Mr Edge said he admitted he was two strikes over the limit. He was intending to drive in an Amateur race at the Roxburgh meeting on the 4th January and would prefer a fine as opposed to a suspension.

Reasons for Penalty:

In determining a penalty for Mr Edge we exclude his previous breach of the Rule which was prior to the new Whip Regulation from December 1st, and treat this breach as a first offence. There are no aggravating features that require an uplift. We give Mr Edge credit for his admission of the breach at the first opportunity. We also take into account the Stewards’ submission of $300, which is well below the JCA Guideline of $500. Taking into account Mr Edge’s guilty plea and his good record we see no need to go below or above the Stewards’ submission.

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: 73700dda29423d30693c0b18d0551823


informantnumber: A8560


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/01/2017


hearing_title: Central Otago TC 2 January 2017 - R 1 - Chair, Mr P Knowles


charge:


facts:

N McIntyre – Chairman of Stewards

Following the running of the BISHOPDALE/BUSH INN TABS & TAVERN HAREWOOD/SINNAMON FAMILY MOBILE PACE, Stewards lodged an information alleging “Mr A Edge used his whip in an excessive manner in the final 400 metres”.

Rule 869 (2) (a) reads:

(2) No horseman shall during any race:­-

(a) use his whip in an unnecessary, excessive or improper manner.

Mr Edge appeared at the hearing and admitted the breach of the Rule.

Mr Tidmarsh, with the assistance of the video replays, indicated that Mr Edge (Royal Jester) was outside the leader and challenging for the lead as the field entered the home straight. He stated Mr Edge used his whip 12 times from the 200m mark to the finish.

Mr Edge stated he had struck the horse 3 times and the sulky sheet/shaft a further 9 times. He understood the Rule and the regulations provided for 10 strikes of the whip only.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 Mr Edge attended the hearing and admitted the breach of the Rule. We find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh stated Mr Edge was a very busy Amateur Driver in the Canterbury/Otago areas. He had driven 11 times this season, 31 times last season and 26 times the season before. Mr Edge was fined $300 under the same Rule at NZ Metro in August (2016) but that was before the new Whip Regulations came into effect on December 1st (2016). The JCA Guidelines refer to a fine of $500 or a 2 day suspension. He was seeking a fine of $300.

Mr Edge said he admitted he was two strikes over the limit. He was intending to drive in an Amateur race at the Roxburgh meeting on the 4th January and would prefer a fine as opposed to a suspension.


reasonsforpenalty:

In determining a penalty for Mr Edge we exclude his previous breach of the Rule which was prior to the new Whip Regulation from December 1st, and treat this breach as a first offence. There are no aggravating features that require an uplift. We give Mr Edge credit for his admission of the breach at the first opportunity. We also take into account the Stewards’ submission of $300, which is well below the JCA Guideline of $500. Taking into account Mr Edge’s guilty plea and his good record we see no need to go below or above the Stewards’ submission.


penalty:

 Mr Edge is fined $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward, Mr N McIntyre - Chairman of Stewards


JockeysandTrainer: Mr A Edge - Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 341ee451ecb5914df12f7285be0449b8


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: 5c2a4b0fb71f76197a068b4f4994ff65


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2017


meet_title: Central Otago TC - 2 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Central Otago TC