Archive Decision

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Winton HRC 28 September 2017 – R 1 – Chair, Prof G Hall

ID: JCA15481

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr A Suddaby - Open Horseman

Information Number:
A9573

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Winton HRC - 28 September 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Meet Committee Member 2:
MConway

Race Date:
2017/09/28

Race Number:
R 1

Decision:

Mr Suddaby has admitted the charge. The charge is proved.

Penalty:

Mr Suddaby is suspended for 1 day, which is the Invercargill meeting on 7th October 2017.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Suddaby used his whip outside the guidelines on (EVANGELINE FRANCO) in race 1, the Terror To Love at Pinelea Farm Fillies & Mares Mobile Pace.

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 Suddaby signed the Statement by the Respondent on the Information indicating that he admitted the breach and that he did not wish to be present at the hearing.

Mr Wallis showed several video replays of the last 400 metres of the race. He identified Mr Suddaby (EVANGELINE FRANCO) was racing midfield and one off the markers.

Mr Suddaby activated gear by pulling the ear plugs. Mr Wallis demonstrated that Mr Suddaby had used his whip on 13 occasions. He also advised that Mr Suddaby had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.

Submissions for Penalty:

Mr Wallis produced Mr Suddaby’s record, which was clear under this rule. He stated that Mr Suddaby is a “busy Southland driver” with 288 drives last season and 15 drives to date this season.

Mr Wallis informed the Committee that Mr Suddaby had asked that we consider a suspension rather than a fine due to his financial situation. He further stated that Mr Suddaby usually has 5 or 6 drives at a Southland meeting.

Mr Wallis submitted that a 1 day suspension was appropriate.

Reasons for Penalty:

We are satisfied that the respondent has used the whip on 13 occasions in the last 400 metres. The starting point is a fine of $500 or 10 drives, as in the JCA Penalty Guide. We accept that Mr Suddaby has on average 5 or 6 drives at a Southland meeting.

We have regard to the respondent’s excellent record and his admission of the breach.

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: 99a6be7561c95b00325ff3f9172b1862


informantnumber: A9573


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 02/10/2017


hearing_title: Winton HRC 28 September 2017 - R 1 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Suddaby used his whip outside the guidelines on (EVANGELINE FRANCO) in race 1, the Terror To Love at Pinelea Farm Fillies & Mares Mobile Pace.

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 Suddaby signed the Statement by the Respondent on the Information indicating that he admitted the breach and that he did not wish to be present at the hearing.

Mr Wallis showed several video replays of the last 400 metres of the race. He identified Mr Suddaby (EVANGELINE FRANCO) was racing midfield and one off the markers.

Mr Suddaby activated gear by pulling the ear plugs. Mr Wallis demonstrated that Mr Suddaby had used his whip on 13 occasions. He also advised that Mr Suddaby had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Suddaby has admitted the charge. The charge is proved.


sumissionsforpenalty:

Mr Wallis produced Mr Suddaby’s record, which was clear under this rule. He stated that Mr Suddaby is a “busy Southland driver” with 288 drives last season and 15 drives to date this season.

Mr Wallis informed the Committee that Mr Suddaby had asked that we consider a suspension rather than a fine due to his financial situation. He further stated that Mr Suddaby usually has 5 or 6 drives at a Southland meeting.

Mr Wallis submitted that a 1 day suspension was appropriate.


reasonsforpenalty:

We are satisfied that the respondent has used the whip on 13 occasions in the last 400 metres. The starting point is a fine of $500 or 10 drives, as in the JCA Penalty Guide. We accept that Mr Suddaby has on average 5 or 6 drives at a Southland meeting.

We have regard to the respondent’s excellent record and his admission of the breach.


penalty:

Mr Suddaby is suspended for 1 day, which is the Invercargill meeting on 7th October 2017.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr A Suddaby - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6728d6fbdfde6970bdaeec0f7d1133fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5dda9f41682b9995e83b5020de3734b6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/09/2017


meet_title: Winton HRC - 28 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: MConway


name: Winton HRC