Archive Decision

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Marlborough HRC 10 January 2014 – R 2

ID: JCA16085

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr M Anderson - Junior Horseman

Other Person:
Mr N McGrath - Open Horseman (Assisting Mr Anderson)

Information Number:
A6456

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2a)

Plea:
admitted

Meet Title:
Marlborough HRC - 10 January 2014

Meet Chair:
PWilliams

Meet Committee Member 1:
KHales

Race Date:
2014/01/10

Race Number:
R2

Decision:

As Mr Anderson admitted the breach the charge was found proved.

Penalty:

Mr Anderson is fined $200.

Facts:

Following the running of race 2, the “Crafar Crouch Construction Maiden Mobile Pace” Information A6456 was filed by Stipendiary Steward Mr S Renault under Rule 869(2)(a). The information stated “as the driver of “Elroy Jetson” you used your whip in a manner which Stewards deem to be excessive”. Mr Anderson signed the information admitting the breach, confirmed this at the hearing and also that he was aware of, and understood, the “Use of Whip Guidelines”.

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

Submissions for Decision:

Mr Renault used the side-on and head-on films to identify Mr Anderson as the widest runner on the track as the horses entered the home straight. He said in the run home Mr Anderson used his whip 23 times with only 1 visible pause early on but the number of the strikes during the run home was too many. He suggested Mr Anderson may have been caught out by the long straight at Blenheim.

Mr McGrath agreed with Mr Renault that Mr Anderson had been caught out by the length of the home straight and that he thought he was going to run into the money. He also said some of the strikes were on the sulky shaft and not the horse but accepted that Mr Anderson had used his whip excessively.

Mr Anderson said he had no comments to make.

Submissions for Penalty:

Mr Renault said Mr Anderson was in his first season of driving and had had 34 drives so far. He said he had breached this Rule on 1 August 2013 when he was fined $100 for striking his horse with the whip in the home straight whilst also having one foot out of the foot rest (improper use of the whip) but pointed out today’s breach was for excessive use of the whip. Mr Renault submitted a fine of $200 was an appropriate penalty.

Mr McGrath asked the Committee to take into account Mr Anderson was a Junior Driver, had travelled to Blenheim at his own expense and had readily admitted the breach of the Rule.

Mr Anderson had no additional comments to make.

Reasons for Penalty:

The Committee has reviewed the films of the incident and note Mr Anderson used his whip 23 times in the home straight with 1 brief pause early on in the run home. We accept Mr Anderson may have been caught out by the length of the home straight and whilst the strikes were not overly forceful 23 strikes is too many. We have noted this is Mr Anderson’s second breach of the Rule this season but also that the first occasion was for improper use whereas today’s breach is of the excessive component of the Rule. The JCA’s penalty Guidelines state that the starting point for a breach of this Rule is a fine of $300. Having taken into account Mr Anderson’s admittance of the breach and also reviewed recent penalties for similar breaches of this Rule we believe on this occasion a fine is an appropriate penalty.

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: b9e753f2b46ff4dbd6bb4a46a34a2b57


informantnumber: A6456


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Marlborough HRC 10 January 2014 - R 2


charge:


facts:

Following the running of race 2, the “Crafar Crouch Construction Maiden Mobile Pace” Information A6456 was filed by Stipendiary Steward Mr S Renault under Rule 869(2)(a). The information stated “as the driver of “Elroy Jetson” you used your whip in a manner which Stewards deem to be excessive”. Mr Anderson signed the information admitting the breach, confirmed this at the hearing and also that he was aware of, and understood, the “Use of Whip Guidelines”.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault used the side-on and head-on films to identify Mr Anderson as the widest runner on the track as the horses entered the home straight. He said in the run home Mr Anderson used his whip 23 times with only 1 visible pause early on but the number of the strikes during the run home was too many. He suggested Mr Anderson may have been caught out by the long straight at Blenheim.

Mr McGrath agreed with Mr Renault that Mr Anderson had been caught out by the length of the home straight and that he thought he was going to run into the money. He also said some of the strikes were on the sulky shaft and not the horse but accepted that Mr Anderson had used his whip excessively.

Mr Anderson said he had no comments to make.


reasonsfordecision:


Decision:

As Mr Anderson admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault said Mr Anderson was in his first season of driving and had had 34 drives so far. He said he had breached this Rule on 1 August 2013 when he was fined $100 for striking his horse with the whip in the home straight whilst also having one foot out of the foot rest (improper use of the whip) but pointed out today’s breach was for excessive use of the whip. Mr Renault submitted a fine of $200 was an appropriate penalty.

Mr McGrath asked the Committee to take into account Mr Anderson was a Junior Driver, had travelled to Blenheim at his own expense and had readily admitted the breach of the Rule.

Mr Anderson had no additional comments to make.


reasonsforpenalty:

The Committee has reviewed the films of the incident and note Mr Anderson used his whip 23 times in the home straight with 1 brief pause early on in the run home. We accept Mr Anderson may have been caught out by the length of the home straight and whilst the strikes were not overly forceful 23 strikes is too many. We have noted this is Mr Anderson’s second breach of the Rule this season but also that the first occasion was for improper use whereas today’s breach is of the excessive component of the Rule. The JCA’s penalty Guidelines state that the starting point for a breach of this Rule is a fine of $300. Having taken into account Mr Anderson’s admittance of the breach and also reviewed recent penalties for similar breaches of this Rule we believe on this occasion a fine is an appropriate penalty.


penalty:

Mr Anderson is fined $200.

hearing_type: Hearing


Rules: 869(2a)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr M Anderson - Junior Horseman


Otherperson: Mr N McGrath - Open Horseman (Assisting Mr Anderson)


PersonPresent:


Respondent:


StipendSteward:


raceid: b55472ec6258b7ddebeaff59adbabbc3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


race_pm2:


meetid: 303f0ceb4c70c265acb4d9dda854edba


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/01/2014


meet_title: Marlborough HRC - 10 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: KHales


meet_pm2: none


name: Marlborough HRC