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Northern Southland TC 22 March 2014 – R 9

ID: JCA16188

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr C F Lee - Driver of SHAK'N CULLEN

Information Number:
A1729

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(A)

Plea:
admitted

Meet Title:
Northern Southland TC - 22 March 2014

Meet Chair:
NSkelt

Meet Committee Member 1:
DSteel

Race Date:
2014/03/22

Race Number:
R 9

Decision:

As Mr C Lee admitted the breach we thus find the charge proved.

It was very clear from both the visual and verbal evidence that Mr Lee had struck the horse SHAK’N CULLEN on 22 occasions, from the 170 metre mark to the winning post.

Penalty:

Mr Lee was fined the sum of $200.00 and reminded of his professional obligations.

Facts:

At the conclusion of race 9 The Caduceus Club of Southland Autumn Futurity Mobile Pace information A1729 was lodged by Stipendiary Steward Mr C J Allison alleging that Mr C F Lee used his whip excessively over the final stages when driving out the horse SHAK’N CULLEN.

Mr C F Lee admitted the breach.

The rule reads 869(2)(A):

No horseman shall during any race

A) Use his whip in an unnecessary, excessive or improper manner.

Stipendiary Steward Mr C Allison showed the Committee several video clips of the alleged incident highlighting Mr C Lee's whip action from 170 metres from the winning post. Mr Allison stated that Mr Lee has hit the horse SHAK’N CULLEN twenty two times.

Mr Lee acknowledged Mr Allison’s comments as being accurate, and stated that he may have got excited on this occasion, as it was a big stakes race and his horse finishing a strong second.

Submissions for Penalty:

Stipendiary Steward Mr Allison stated that he believed the breach of the rule to be mid-range. Mr Allison stated that Mr Lee had not ‘broken up his whip action’ although he did not believe there was any ill-intent on Mr Lee’s behalf.

Mr Allison also stated that Mr Lee only drove very sparingly - on the 2011-2012 season he drove fifteen times and in the 2012-2013 season , a further 15 times. This season from August 1st 2014 Mr Lee has only had 1 drive.

Mr Allison also stated that Mr Lee should be given some credit for his admittance of the breach at the very first opportunity.

Mr Lee had no submissions on penalty.

Reasons for Penalty:

The Committee after viewing the video evidence and considering Mr Allison’s submission on penalty were of the opinion a fine would be appropriate in this case.

The JCA penalty guide recommends a starting point of $300.00 or six race day drives. The Committee acknowledged that Mr Lee drove very rarely and that the breach was mid-range, the committee also gave credit to Mr Lee for his early admittance of the breach.

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: c7a032a9e5b4324af24c7d7ad57ec3be


informantnumber: A1729


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/03/2014


hearing_title: Northern Southland TC 22 March 2014 - R 9


charge:


facts:

At the conclusion of race 9 The Caduceus Club of Southland Autumn Futurity Mobile Pace information A1729 was lodged by Stipendiary Steward Mr C J Allison alleging that Mr C F Lee used his whip excessively over the final stages when driving out the horse SHAK’N CULLEN.

Mr C F Lee admitted the breach.

The rule reads 869(2)(A):

No horseman shall during any race

A) Use his whip in an unnecessary, excessive or improper manner.

Stipendiary Steward Mr C Allison showed the Committee several video clips of the alleged incident highlighting Mr C Lee's whip action from 170 metres from the winning post. Mr Allison stated that Mr Lee has hit the horse SHAK’N CULLEN twenty two times.

Mr Lee acknowledged Mr Allison’s comments as being accurate, and stated that he may have got excited on this occasion, as it was a big stakes race and his horse finishing a strong second.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr C Lee admitted the breach we thus find the charge proved.

It was very clear from both the visual and verbal evidence that Mr Lee had struck the horse SHAK’N CULLEN on 22 occasions, from the 170 metre mark to the winning post.


sumissionsforpenalty:

Stipendiary Steward Mr Allison stated that he believed the breach of the rule to be mid-range. Mr Allison stated that Mr Lee had not ‘broken up his whip action’ although he did not believe there was any ill-intent on Mr Lee’s behalf.

Mr Allison also stated that Mr Lee only drove very sparingly - on the 2011-2012 season he drove fifteen times and in the 2012-2013 season , a further 15 times. This season from August 1st 2014 Mr Lee has only had 1 drive.

Mr Allison also stated that Mr Lee should be given some credit for his admittance of the breach at the very first opportunity.

Mr Lee had no submissions on penalty.


reasonsforpenalty:

The Committee after viewing the video evidence and considering Mr Allison’s submission on penalty were of the opinion a fine would be appropriate in this case.

The JCA penalty guide recommends a starting point of $300.00 or six race day drives. The Committee acknowledged that Mr Lee drove very rarely and that the breach was mid-range, the committee also gave credit to Mr Lee for his early admittance of the breach.


penalty:

Mr Lee was fined the sum of $200.00 and reminded of his professional obligations.


hearing_type: Hearing


Rules: 869(2)(A)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr C F Lee - Driver of SHAK'N CULLEN


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4a0f3f3da594f98be507aa36576e61a6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6314ff3f155ae91ac1dc8fadfd122b15


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/03/2014


meet_title: Northern Southland TC - 22 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: northern-southland-tc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: DSteel


meet_pm2: none


name: Northern Southland TC