Archive Decision

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Rangiora HRC 14 August 2016 – R 4 – Chair, Mr T Utikere

ID: JCA15990

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr S Golding - Open Horseman

Information Number:
A8038

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
Rule 869(2)(a)

Plea:
admitted

Meet Title:
Rangiora HRC - 14 August 2016

Meet Chair:
TUtikere

Meet Committee Member 1:
GClapp

Race Date:
2016/08/14

Race Number:
R1

Decision:

As the charge was admitted, the committee found the charge proved.

Penalty:

Mr Golding's Open Horseman's Licence is suspended from the conclusion of racing on 19 August, up to and including racing on 28 August. This suspension incorporates the Gore (21st), Addington (25th) and Oamaru (28th) Meetings. He is able to accept drives for the Addington Meeting on 2 September 2016. 

Facts:

Following the running of Race 4 (CHRISTMAS AT THE RACES - RANGIORA 18th DECEMBER PACE 2600m), Open Horseman S Golding was charged with a breach of Rule 869(2)(a). The Information stated: "You used your whip excessively over the concluding stages."

Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."

Mr Golding confirmed that he understood the rule and that he admitted the breach.

Using the available side-on film, Chief Harness Stipendiary Steward Mr Ydgren identified Mr Golding (CLOBBER) racing the widest of all as the field ran for home. As he was racing to the outside of the field, Mr Ydgren identified that Mr Golding had used his whip approximately 23 times. He observed Mr Golding to have started with his right hand, then had changed to his left hand using backhanders. Of considerable concern to the stewards was his distinct lack of pause throughout the final stages of the race.

Mr Golding believed the film had clearly shown that he had exceeded the Whip Use Guidelines. He did not believe they were severe hits, but rather light pushes to encourage the horse to keep going, with the backhanders over the last 100 metres not being severe swipes. He accepted that regardless, this did not look good in the public eye.

Submissions for Penalty:

Mr Ydgren submitted that Mr Golding had previously held a Junior Horseman's Licence last season with 349 drives. This season he now held an Open Horseman's Licence. He noted this was Mr Golding's second breach under this rule within a six month period, having been previously suspended for two days on 29 April 2016 at Addington. Mr Ydgren identified that the JCA Penalty Guidelines noted a three to five day suspension as the starting point for a second breach of this rule. He submitted a three day suspension as appropriate.

Mr Golding submitted that a three day period of suspension was a fair penalty on this occasion. He believed he should receive credit for his admission of the breach and that the nature of his whip use, while excessive, was not severe. He also sought a deferment of any period of suspension to allow him to fulfil commitments at Addington on 19 August. 

Reasons for Penalty:

The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr Golding had used his whip for approximately 23-24 strikes over the concluding stages. While Mr Golding may have used backhanders for the last few strides, they are often not discernible to members of the public, which he accepts. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach, and a two to three days suspension for a second breach. The starting point for a second breach is relevant where the breach occurs within a six month period, so is relevant to Mr Golding's current breach and the committee determined that such a period of suspension was appropriate. In mitigation the committee applied Mr Golding's early admission of the breach. On balance we have determined that a three day period of suspension is appropriate. The committee accepts that Mr Golding has commitments at Addington on 19 August and will defer the period of suspension to allow him to fulfil those commitments. 

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: acbfcb130f61a94795d92cdc51d400aa


informantnumber: A8038


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 15/08/2016


hearing_title: Rangiora HRC 14 August 2016 - R 4 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 4 (CHRISTMAS AT THE RACES - RANGIORA 18th DECEMBER PACE 2600m), Open Horseman S Golding was charged with a breach of Rule 869(2)(a). The Information stated: "You used your whip excessively over the concluding stages."

Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."

Mr Golding confirmed that he understood the rule and that he admitted the breach.

Using the available side-on film, Chief Harness Stipendiary Steward Mr Ydgren identified Mr Golding (CLOBBER) racing the widest of all as the field ran for home. As he was racing to the outside of the field, Mr Ydgren identified that Mr Golding had used his whip approximately 23 times. He observed Mr Golding to have started with his right hand, then had changed to his left hand using backhanders. Of considerable concern to the stewards was his distinct lack of pause throughout the final stages of the race.

Mr Golding believed the film had clearly shown that he had exceeded the Whip Use Guidelines. He did not believe they were severe hits, but rather light pushes to encourage the horse to keep going, with the backhanders over the last 100 metres not being severe swipes. He accepted that regardless, this did not look good in the public eye.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

Mr Ydgren submitted that Mr Golding had previously held a Junior Horseman's Licence last season with 349 drives. This season he now held an Open Horseman's Licence. He noted this was Mr Golding's second breach under this rule within a six month period, having been previously suspended for two days on 29 April 2016 at Addington. Mr Ydgren identified that the JCA Penalty Guidelines noted a three to five day suspension as the starting point for a second breach of this rule. He submitted a three day suspension as appropriate.

Mr Golding submitted that a three day period of suspension was a fair penalty on this occasion. He believed he should receive credit for his admission of the breach and that the nature of his whip use, while excessive, was not severe. He also sought a deferment of any period of suspension to allow him to fulfil commitments at Addington on 19 August. 


reasonsforpenalty:

The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr Golding had used his whip for approximately 23-24 strikes over the concluding stages. While Mr Golding may have used backhanders for the last few strides, they are often not discernible to members of the public, which he accepts. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach, and a two to three days suspension for a second breach. The starting point for a second breach is relevant where the breach occurs within a six month period, so is relevant to Mr Golding's current breach and the committee determined that such a period of suspension was appropriate. In mitigation the committee applied Mr Golding's early admission of the breach. On balance we have determined that a three day period of suspension is appropriate. The committee accepts that Mr Golding has commitments at Addington on 19 August and will defer the period of suspension to allow him to fulfil those commitments. 


penalty:

Mr Golding's Open Horseman's Licence is suspended from the conclusion of racing on 19 August, up to and including racing on 28 August. This suspension incorporates the Gore (21st), Addington (25th) and Oamaru (28th) Meetings. He is able to accept drives for the Addington Meeting on 2 September 2016. 


hearing_type: Hearing


Rules: Rule 869(2)(a)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr S Golding - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 617bd095dc3e0189d93cc0d892056440


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2edfd053b640b80c7b4dc5e1533eb2ff


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/08/2016


meet_title: Rangiora HRC - 14 August 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: GClapp


meet_pm2: none


name: Rangiora HRC