Archive Decision

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Geraldine TC 19 February 2017 – R 10 – Chair, Mr David Jackson

ID: JCA15863

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr R Holmes - Licensed Horseman

Information Number:
A8952

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Geraldine TC - 19 February 2017

Meet Chair:
DJackson

Meet Committee Member 1:
SChing

Race Date:
2017/02/19

Race Number:
R 10

Decision:

In light of Mr Holmes’ admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.

Penalty:

Mr Holmes is fined $300 for his clear excessive use of the whip on this occasion.

Facts:

Following the running of Race 10, the Four Peaks Transport Mobile Pace 1850, an information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr R Holmes, alleging a breach of Rule 869(2)(a), in that Mr Holmes used his whip in an excessive manner when driving GIVEMATASEOFKIWI.

Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.

Mr Holmes admitted the charge in writing and did not attend the hearing being satisfied as to the charge itself and the fine.

Through video evidence Mr Ydgren showed Mr Holmes strike Givematasteofkiwi with the whip 13 times during its run down the home straight to the finish.

Submissions for Penalty:

Mr Ydgren pointed to Mr Holmes’ clean record under the rules and in particular this rule. Mr Ydgren submitted that the appropriate starting point having regard to the penalty guidelines is a fine of $500 which ought to be discounted in light of Mr Holmes admission and also his clear record.

Reasons for Penalty:

After hearing the submissions of Mr Ydgren and taking into account Mr Holmes’ admission and his good record it is determined that he be fined as proposed. Taking a starting point of $500 as per the guidelines, there will be a discount of $200 for his admission and for his clean record.

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: de184d908c93fb923984b081d39fee77


informantnumber: A8952


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/02/2017


hearing_title: Geraldine TC 19 February 2017 - R 10 - Chair, Mr David Jackson


charge:


facts:

Following the running of Race 10, the Four Peaks Transport Mobile Pace 1850, an information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr R Holmes, alleging a breach of Rule 869(2)(a), in that Mr Holmes used his whip in an excessive manner when driving GIVEMATASEOFKIWI.

Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.

Mr Holmes admitted the charge in writing and did not attend the hearing being satisfied as to the charge itself and the fine.

Through video evidence Mr Ydgren showed Mr Holmes strike Givematasteofkiwi with the whip 13 times during its run down the home straight to the finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

In light of Mr Holmes’ admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.


sumissionsforpenalty:

Mr Ydgren pointed to Mr Holmes’ clean record under the rules and in particular this rule. Mr Ydgren submitted that the appropriate starting point having regard to the penalty guidelines is a fine of $500 which ought to be discounted in light of Mr Holmes admission and also his clear record.


reasonsforpenalty:

After hearing the submissions of Mr Ydgren and taking into account Mr Holmes’ admission and his good record it is determined that he be fined as proposed. Taking a starting point of $500 as per the guidelines, there will be a discount of $200 for his admission and for his clean record.


penalty:

Mr Holmes is fined $300 for his clear excessive use of the whip on this occasion.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr R Holmes - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: aa7e4492602328b73e1d6d63de8acba7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a10040544b8673a8f5a8e4d6f713ac84


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2017


meet_title: Geraldine TC - 19 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: DJackson


meet_pm1: SChing


meet_pm2: none


name: Geraldine TC