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Banks Peninsula TC 23 November 2014 – R 2

ID: JCA15500

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
S F Golding, Licensed Junior Driver

Information Number:
A6492

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 23 November 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/11/23

Race Number:
R2

Decision:

Mr Golding having admitted the charge, the charge was found proved. 

Penalty:

Mr Golding was fined the sum of $250.00. 

Facts:

Following the running of Race 2, Ross Thomas/Tweedy Contracting Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr S F Golding, alleging that Mr Golding, as the driver of MAGOOGAN in the race, “used his whip in a manner that the Stewards deem to be excessive in the final straight”.

Mr Golding had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Renault confirmed to the Committee that Mr Golding did not wish to be present at the hearing.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

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

Mr Renault showed video replays of the final 300-400 metres of the race. He pointed out MAGOOGAN, driven by Mr Golding, widest of all of the runners as the field entered the home straight. Upon straightening, Mr Golding commenced using the whip and Stewards estimated that, from that point, Mr Golding used his whip on 27 occasions which the Stewards deemed was excessive, Mr Renault said.

Mr Renault said that MAGOOGAN had finished 2nd in the race. The Committee noted that the losing margin was a half head. The use of the whip had been continuous for the length of the straight, Mr Renault said, with no pauses. The strikes were “constant” and “full strikes”, he submitted. It was a long straight and Mr Golding had, simply, commenced using his whip too far from home. 

Submissions for Penalty:

Mr Renault informed the Committee that Mr Golding has had 80 drives in the current season and had a total of 237 drives in the 2013/2014, so he was a busy driver. Mr Golding had a clear record under the Rule. He is currently the country’s leading Junior Driver and his record is “very good”, Mr Renault said.

Mr Renault said that Mr Golding had told Stewards, upon being questioned concerning his use of the whip, that he realised that he had used his whip too many times and immediately admitted the charge.

The Stewards placed the seriousness of the breach at mid-range, Mr Renault said. He submitted that a fine of $200 was appropriate, having regard to Mr Golding’s Junior Driver status.

The Committee asked Mr Renault to comment on the force of the strikes used by Mr Golding. Mr Renault replied that the strikes were “decent strikes” and “quite forceful”. 

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty) the Committee was able to give Mr Golding a discount of $50 for his good record and a further discount of $50 for his admission of the breach, although that admission was somewhat inevitable. There were no other mitigating factors. The Committee regarded as significant aggravating factors the perceived force of some of the strikes and, secondly, the high number of strikes. The offending was, in the Committee’s view, in the mid-to-high range, warranting a fine of $250, notwithstanding that Mr Golding is a Junior Driver. 

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: 9b5cb09f5ceeac158a912d385a4e3a1e


informantnumber: A6492


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 25/11/2014


hearing_title: Banks Peninsula TC 23 November 2014 - R 2


charge:


facts:

Following the running of Race 2, Ross Thomas/Tweedy Contracting Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr S F Golding, alleging that Mr Golding, as the driver of MAGOOGAN in the race, “used his whip in a manner that the Stewards deem to be excessive in the final straight”.

Mr Golding had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Renault confirmed to the Committee that Mr Golding did not wish to be present at the hearing.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

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

Mr Renault showed video replays of the final 300-400 metres of the race. He pointed out MAGOOGAN, driven by Mr Golding, widest of all of the runners as the field entered the home straight. Upon straightening, Mr Golding commenced using the whip and Stewards estimated that, from that point, Mr Golding used his whip on 27 occasions which the Stewards deemed was excessive, Mr Renault said.

Mr Renault said that MAGOOGAN had finished 2nd in the race. The Committee noted that the losing margin was a half head. The use of the whip had been continuous for the length of the straight, Mr Renault said, with no pauses. The strikes were “constant” and “full strikes”, he submitted. It was a long straight and Mr Golding had, simply, commenced using his whip too far from home. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Golding having admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Golding has had 80 drives in the current season and had a total of 237 drives in the 2013/2014, so he was a busy driver. Mr Golding had a clear record under the Rule. He is currently the country’s leading Junior Driver and his record is “very good”, Mr Renault said.

Mr Renault said that Mr Golding had told Stewards, upon being questioned concerning his use of the whip, that he realised that he had used his whip too many times and immediately admitted the charge.

The Stewards placed the seriousness of the breach at mid-range, Mr Renault said. He submitted that a fine of $200 was appropriate, having regard to Mr Golding’s Junior Driver status.

The Committee asked Mr Renault to comment on the force of the strikes used by Mr Golding. Mr Renault replied that the strikes were “decent strikes” and “quite forceful”. 


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty) the Committee was able to give Mr Golding a discount of $50 for his good record and a further discount of $50 for his admission of the breach, although that admission was somewhat inevitable. There were no other mitigating factors. The Committee regarded as significant aggravating factors the perceived force of some of the strikes and, secondly, the high number of strikes. The offending was, in the Committee’s view, in the mid-to-high range, warranting a fine of $250, notwithstanding that Mr Golding is a Junior Driver. 


penalty:

Mr Golding was fined the sum of $250.00. 


hearing_type: Hearing


Rules: 869(2(a)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: S F Golding, Licensed Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b8077dd0d50b2f3fdad18299566637ec


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8b7cdcdac1350bd898e5ab0858579027


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/11/2014


meet_title: Banks Peninsula TC - 23 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Banks Peninsula TC