Ashburton TC 28 October 2013 – R 8
ID: JCA15696
Meet Title:
Ashburton TC - 28 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/28
Race Number:
R7
Decision:
The charge was found to be proved.
Penalty:
Mr Clark was fined the sum of $350.
Charge:
Breach of Rule 869(2)(a)-excessive use of the whip
Facts:
Following the running of Race 8, the Pres Ashburton Flying Mile FFA Mobile Trot, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr A Clark alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner when driving THE FIERY GINGA”.
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.”
Submissions for Decision:
Mr Clark had indicated on the Information that this breach of the Rules was admitted. Mr Clark had also informed the Stewards that he did not wish to be present at the hearing.
Mr Ydgren gave evidence and used video coverage to show that Mr Clark driving THE FIERY GINGA used his whip on 32 occasions from the home turn near the 300m. Mr Ydgren stated that Mr Clark had paused on occasion in his use of the whip, with most of the strikes being forward of the shoulder and not forceful. Mr Ydgren said the sheer number of strikes was the reason Mr Clark was being charged. Mr Ydgren submitted that the level of offending could be described as mid-range.
Reasons for Decision:
As Mr Clark had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Clark had previously breached this Rule once over the last 12 months, being 14 June 2013 at NZMTC where he received a $250 fine. Mr Ydgren stated that Mr Clark had admitted the breach at the earliest opportunity but with the status of the race being Group 3, Mr Ydgren submitted that a fine of $300 be considered.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Clark had admitted the breach at the earliest opportunity. We also took into account that this was the second breach under this Rule within the last 6 months as well as the fact that the status of the race was Group 3 with a stake of $70,000. After researching other penalties imposed for similar breaches of this rule we decided that a fine of $350 was an appropriate penalty on this occasion.
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: c48f75f3024c3a34a1cc81740f82fcb7
informantnumber: A1645
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Ashburton TC 28 October 2013 - R 8
charge:
Breach of Rule 869(2)(a)-excessive use of the whip
facts:
Following the running of Race 8, the Pres Ashburton Flying Mile FFA Mobile Trot, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman Mr A Clark alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner when driving THE FIERY GINGA”.
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Clark had indicated on the Information that this breach of the Rules was admitted. Mr Clark had also informed the Stewards that he did not wish to be present at the hearing.
Mr Ydgren gave evidence and used video coverage to show that Mr Clark driving THE FIERY GINGA used his whip on 32 occasions from the home turn near the 300m. Mr Ydgren stated that Mr Clark had paused on occasion in his use of the whip, with most of the strikes being forward of the shoulder and not forceful. Mr Ydgren said the sheer number of strikes was the reason Mr Clark was being charged. Mr Ydgren submitted that the level of offending could be described as mid-range.
reasonsfordecision:
As Mr Clark had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Clark had previously breached this Rule once over the last 12 months, being 14 June 2013 at NZMTC where he received a $250 fine. Mr Ydgren stated that Mr Clark had admitted the breach at the earliest opportunity but with the status of the race being Group 3, Mr Ydgren submitted that a fine of $300 be considered.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Clark had admitted the breach at the earliest opportunity. We also took into account that this was the second breach under this Rule within the last 6 months as well as the fact that the status of the race was Group 3 with a stake of $70,000. After researching other penalties imposed for similar breaches of this rule we decided that a fine of $350 was an appropriate penalty on this occasion.
penalty:
Mr Clark was fined the sum of $350.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: A Clark-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f0f596c5ca9ba3207a35ec72d656dec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a00dda4c7c1a5d255f83e9321cc8356c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2013
meet_title: Ashburton TC - 28 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC