Banks Peninsula TC 29 December 2016 – R 3 – Chair, Mr R McKenzie
ID: JCA14982
Meet Title:
Banks Peninsula TC - 29 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/29
Race Number:
R3
Decision:
Miss Jerard having admitted the breach, the charge was found proved.
Penalty:
Miss Jerard was fined the sum of $300.
Facts:
Following the running of Race 3, Commodore Hotel Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Junior Driver, Miss HK Jerard, alleging that, as the driver of AZELEA in the race, she “used her whip in an excessive manner inside the final 400 metres”.
Miss Jerard was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by her employer, Licensed Public Trainer, Mr JH Gameson.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out AZALEA, driven by Miss Jerard, trailing the leader as the field entered the home straight with 400 metres to race. Miss Jerard then angled out to sit outside the leader and, from inside the 400 metres, Miss Jerard commenced using her whip and continued to use her whip free of the rein 13 times to the finishing line. Miss Jerard was asked by the Committee and she replied that she did not dispute that number, and 13 strikes were apparent from the video replay shown.
Mr Ydgren conceded that there were a number of pauses and that Miss Jerard had done well to break up her whip use. Neither was there an issue with force. Miss Jerard had used the whip too often too early in the long run home. She had been still in contention at the 100 metres and had continued to use her whip, Mr Ydgren said.
Mr Gameson submitted that Miss Jerard had “done pretty well” considering her inexperience and the horse’s inexperience (having its second start). He submitted that she had mixed up her use of the whip.
Submissions for Penalty:
Mr Ydgren told the Committee that Miss Jerard was in her first season of driving. She has had 15 lifetime drives and has a clear record. He referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension. However, Miss Jerard should be given credit for her clear record and her admission of the breach. Mr Ydgren submitted that a fine of $300 would be appropriate. Should a suspension be imposed, Stewards submitted that 2 days would be appropriate.
Miss Jerard stated that her preference was for a fine rather than a suspension. Mr Gameson confirmed that Miss Jerard had drives coming up at the next two Canterbury meetings. He said that he would expect Miss Jerard to have a couple of drives at each of those meetings
Reasons for Penalty:
In determining penalty, the Committee took, as a starting point, a fine of $500 as provided in the Penalty Guide. Miss Jerard had expressed a preference for a fine, and a suspension was not warranted in this case. There were no aggravating factors. From the starting point of a $500 fine, the Committee was able to afford Miss Jerard a discount for the two mitigating factors of her clear record and her admission of the breach, which discount we assessed at $200.
Decision Date: 02/01/2017
Publish Date: 02/01/2017
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: 950dc39f367a09c2bbfd7da91b5f2039
informantnumber: A8339
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2017
hearing_title: Banks Peninsula TC 29 December 2016 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Commodore Hotel Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Junior Driver, Miss HK Jerard, alleging that, as the driver of AZELEA in the race, she “used her whip in an excessive manner inside the final 400 metres”.
Miss Jerard was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by her employer, Licensed Public Trainer, Mr JH Gameson.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out AZALEA, driven by Miss Jerard, trailing the leader as the field entered the home straight with 400 metres to race. Miss Jerard then angled out to sit outside the leader and, from inside the 400 metres, Miss Jerard commenced using her whip and continued to use her whip free of the rein 13 times to the finishing line. Miss Jerard was asked by the Committee and she replied that she did not dispute that number, and 13 strikes were apparent from the video replay shown.
Mr Ydgren conceded that there were a number of pauses and that Miss Jerard had done well to break up her whip use. Neither was there an issue with force. Miss Jerard had used the whip too often too early in the long run home. She had been still in contention at the 100 metres and had continued to use her whip, Mr Ydgren said.
Mr Gameson submitted that Miss Jerard had “done pretty well” considering her inexperience and the horse’s inexperience (having its second start). He submitted that she had mixed up her use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Jerard having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Miss Jerard was in her first season of driving. She has had 15 lifetime drives and has a clear record. He referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension. However, Miss Jerard should be given credit for her clear record and her admission of the breach. Mr Ydgren submitted that a fine of $300 would be appropriate. Should a suspension be imposed, Stewards submitted that 2 days would be appropriate.
Miss Jerard stated that her preference was for a fine rather than a suspension. Mr Gameson confirmed that Miss Jerard had drives coming up at the next two Canterbury meetings. He said that he would expect Miss Jerard to have a couple of drives at each of those meetings
reasonsforpenalty:
In determining penalty, the Committee took, as a starting point, a fine of $500 as provided in the Penalty Guide. Miss Jerard had expressed a preference for a fine, and a suspension was not warranted in this case. There were no aggravating factors. From the starting point of a $500 fine, the Committee was able to afford Miss Jerard a discount for the two mitigating factors of her clear record and her admission of the breach, which discount we assessed at $200.
penalty:
Miss Jerard was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Miss HK Jerard - Licensed Junior Driver
Otherperson: Mr JH Gameson - Licensed Public Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: 55c94cde540b13d802e0b6f4e7d4d031
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ad7b0cce720d9358fd575cafebadfe6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2016
meet_title: Banks Peninsula TC - 29 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC