Archive Decision

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Westport TC 7 March 2014 – R 4

ID: JCA15176

Applicant:
L Tidmarsh - Stipendiary Steward

Respondent(s):
G Smith-Open Horseman

Information Number:
A6468

Hearing Type:
Hearing

New Charge:
869(2)(a)

Plea:
admitted

Meet Title:
Westport TC - 7 March 2014

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2014/03/07

Race Number:
R4

Decision:

As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Smith was fined the sum of $200.

Facts:

Following the running of Race 4, the Landmark Real Estate Pace, an Information was filed by Stipendiary Steward Mr L Tidmarsh against Open Horseman Mr G Smith alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner by striking TRUE LEGEND after the finish of the race.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-

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

Mr Smith had endorsed the Information that the breach was admitted and he had also informed the Stewards that he did not wish to be present for the hearing.

Mr Tidmarsh gave evidence and used video coverage to show that Mr Smith’s horse, TRUE LEGEND, who had finished in 4th place, was struck by Mr Smith on 3 occasions after the horse had crossed the finish line. He pointed out Mr Smith who drew his whip and struck the horse on the rump after the winning post. Mr Tidmarsh stated that Mr Smith had told him that TRUE LEGEND had attempted to pull up quickly after the race and that was why he struck the horse. Mr Tidmarsh submitted that the strikes were mid-range in degree of force.

Submissions for Penalty:

In relation to penalty Mr Tidmarsh advised that Mr Smith had a clear record in regard to the Rule and had admitted the breach at the earliest opportunity. He stated that the JCA Penalty Guide recommended a fine of $300 for a breach of this Rule. Mr Tidmarsh submitted that a fine of $200 should be considered as penalty in this case.

Reasons for Penalty:

In consideration to penalty the Committee took into account Mr Smith’s clear penalty record and his ready admission of the breach. Taking the JCA Penalty Guide recommendation of $300 as a starting point, we gave a discount of $50 for Mr Smith’s clear record and a further discount of $50 for his ready admission of the breach. The Committee decided that an appropriate penalty on this occasion was a fine of $200.

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: 7270e9beb39505b2a8ec49a3dc2d5e19


informantnumber: A6468


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869(2)(a)


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2014


hearing_title: Westport TC 7 March 2014 - R 4


charge:


facts:

Following the running of Race 4, the Landmark Real Estate Pace, an Information was filed by Stipendiary Steward Mr L Tidmarsh against Open Horseman Mr G Smith alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner by striking TRUE LEGEND after the finish of the race.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-

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

Mr Smith had endorsed the Information that the breach was admitted and he had also informed the Stewards that he did not wish to be present for the hearing.

Mr Tidmarsh gave evidence and used video coverage to show that Mr Smith’s horse, TRUE LEGEND, who had finished in 4th place, was struck by Mr Smith on 3 occasions after the horse had crossed the finish line. He pointed out Mr Smith who drew his whip and struck the horse on the rump after the winning post. Mr Tidmarsh stated that Mr Smith had told him that TRUE LEGEND had attempted to pull up quickly after the race and that was why he struck the horse. Mr Tidmarsh submitted that the strikes were mid-range in degree of force.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Tidmarsh advised that Mr Smith had a clear record in regard to the Rule and had admitted the breach at the earliest opportunity. He stated that the JCA Penalty Guide recommended a fine of $300 for a breach of this Rule. Mr Tidmarsh submitted that a fine of $200 should be considered as penalty in this case.


reasonsforpenalty:

In consideration to penalty the Committee took into account Mr Smith’s clear penalty record and his ready admission of the breach. Taking the JCA Penalty Guide recommendation of $300 as a starting point, we gave a discount of $50 for Mr Smith’s clear record and a further discount of $50 for his ready admission of the breach. The Committee decided that an appropriate penalty on this occasion was a fine of $200.


penalty:

Accordingly Mr Smith was fined the sum of $200.


hearing_type: Hearing


Rules:


Informant: L Tidmarsh - Stipendiary Steward


JockeysandTrainer: G Smith-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ca10930a25fab149906f4a7e71ebe704


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 70504758fe1b516c56beee978d7d3999


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/03/2014


meet_title: Westport TC - 7 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: westport-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Westport TC