Cambridge/Te Awamutu HRc 29 December 2012 – R 9
ID: JCA14779
Meet Title:
Cambridge HRC - 29 December 2012
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2012/12/29
Race Number:
R9
Decision:
The breach is admitted and accordingly the charge is upheld.
Penalty:
The Committee orders that Mr Marshall be fined the sum of $200.00
Charge:
Excessive use of the whip.
Facts:
An Information was lodged by Stipendiary Steward Mr N Ydgren against Junior Horseman Mr K Marshall alleging that Mr Marshall used his whip excessively driving TYLER MAGUIRE over the concluding stages of the race.
Mr Marshall was present and was assisted by Senior Horseman Mr TA MacFarlane. Mr Marshall advised this Committee that he admitted the breach.
Mr Ydgren demonstrated the incident by use of the video films and showed TYLER MAGUIRE in the running from prior to the turn to the finish where it was placed third. He said that Mr Marshall had used the whip on his horse 23 times and he also said that it was used with considerable force over the concluding stages.
Mr MacFarlane whilst acknowledging the number of times that the whip was used did point out that the horse was finishing strongly and it did respond to the whip.
Submissions for Penalty:
Mr Ydgren said that Mr Marshall had been frank and open in the investigation and readily admitted the charge. He said that Mr Marshall had had 139 drives including 40 this Season. Mr Marshall is a Junior Horseman and has admitted the breach and that should be taken into account when assessing penalty.
Mr Ydgren did say however, that the Stewards were not only concerned with the number of strikes with the whip but also the force with which Mr Marshall used the whip over the latter stages of the race. He advised that the starting point penalty in the JCA Guidelines is a fine of $300.00 but he said that in taking into account the mitigating factors he would submit that a fine of $200.00 was appropriate.
Mr MacFarlane said that although the use of the whip did not look good he submitted that Mr Marshall as a Junior Horseman had been carried away with the moment because of the progress of his horse and he submitted that in that situation drivers can sometimes have tunnel vision and only think about the horse's progress and nothing else.
He also asked that Mr Marhall's admission of the breach and the fact that he is a Junior Driver be taken into account. He thought that the level of fine submitted by Mr Ydgren was appropriate.
Reasons for Penalty:
The incident is clearly shown on the video films viewed by the Committee. We have listened to the submissions of both Mr Ydgren and Mr MacFarlane and have taken into account by way of mitigation the fact that Mr Marshall is a Junior Horseman and has readily admitted the breach and has been co-operative with the Stewards.
We are concerned however, not only by the number of strikes with the whip but we are also particularly concerned with the force that Mr Marshall has used when striking his horse. We have told him that very clearly and that he should take it as a warning if he should appear before a JCA Committee in the future for the same offence. The number of strikes and the force with which the whip was used are very clearly aggravating features.
We expect Mr Marshall to learn from this and therefore we believe that the penalty submitted by Mr Ydgren is appropriate. We also point out to Mr Marshall that the starting point penalty in the JC Guidelines is either a $300.00 fine or suspension of Licence for 6 drives. In this instance we are going to impose a fine.
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: 7b6fe0d0d9c8a3cb011f53dfc838fe9f
informantnumber: A2371
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Cambridge/Te Awamutu HRc 29 December 2012 - R 9
charge:
Excessive use of the whip.
facts:
An Information was lodged by Stipendiary Steward Mr N Ydgren against Junior Horseman Mr K Marshall alleging that Mr Marshall used his whip excessively driving TYLER MAGUIRE over the concluding stages of the race.
Mr Marshall was present and was assisted by Senior Horseman Mr TA MacFarlane. Mr Marshall advised this Committee that he admitted the breach.
Mr Ydgren demonstrated the incident by use of the video films and showed TYLER MAGUIRE in the running from prior to the turn to the finish where it was placed third. He said that Mr Marshall had used the whip on his horse 23 times and he also said that it was used with considerable force over the concluding stages.
Mr MacFarlane whilst acknowledging the number of times that the whip was used did point out that the horse was finishing strongly and it did respond to the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is upheld.
sumissionsforpenalty:
Mr Ydgren said that Mr Marshall had been frank and open in the investigation and readily admitted the charge. He said that Mr Marshall had had 139 drives including 40 this Season. Mr Marshall is a Junior Horseman and has admitted the breach and that should be taken into account when assessing penalty.
Mr Ydgren did say however, that the Stewards were not only concerned with the number of strikes with the whip but also the force with which Mr Marshall used the whip over the latter stages of the race. He advised that the starting point penalty in the JCA Guidelines is a fine of $300.00 but he said that in taking into account the mitigating factors he would submit that a fine of $200.00 was appropriate.
Mr MacFarlane said that although the use of the whip did not look good he submitted that Mr Marshall as a Junior Horseman had been carried away with the moment because of the progress of his horse and he submitted that in that situation drivers can sometimes have tunnel vision and only think about the horse's progress and nothing else.
He also asked that Mr Marhall's admission of the breach and the fact that he is a Junior Driver be taken into account. He thought that the level of fine submitted by Mr Ydgren was appropriate.
reasonsforpenalty:
The incident is clearly shown on the video films viewed by the Committee. We have listened to the submissions of both Mr Ydgren and Mr MacFarlane and have taken into account by way of mitigation the fact that Mr Marshall is a Junior Horseman and has readily admitted the breach and has been co-operative with the Stewards.
We are concerned however, not only by the number of strikes with the whip but we are also particularly concerned with the force that Mr Marshall has used when striking his horse. We have told him that very clearly and that he should take it as a warning if he should appear before a JCA Committee in the future for the same offence. The number of strikes and the force with which the whip was used are very clearly aggravating features.
We expect Mr Marshall to learn from this and therefore we believe that the penalty submitted by Mr Ydgren is appropriate. We also point out to Mr Marshall that the starting point penalty in the JC Guidelines is either a $300.00 fine or suspension of Licence for 6 drives. In this instance we are going to impose a fine.
penalty:
The Committee orders that Mr Marshall be fined the sum of $200.00
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr K Marshall - Junior Horseman
Otherperson: Mr TA MacFarlane - Senior Horseman assisting Mr Marshall
PersonPresent:
Respondent:
StipendSteward:
raceid: 5397bee8acccc53a4dd953a46d8b5844
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9069db7bd7b5c161e4cc9ccf05b6eb96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 29/12/2012
meet_title: Cambridge HRC - 29 December 2012
meet_expappcomment:
meet_km: [{"Comment": [], "kmprice": 146.31999999999999, "MemberID": "BScott", "Member": "", "KMs": "236", "OtherExpenses": "0", "Total": 146.31999999999999, "MemberRole": "Chair ", "Approved": []}]
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge HRC