Archive Decision

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Timaru HRC 6 January 2017 – R 3 Chair, Mr R McKenzie

ID: JCA16344

Applicant:
Stipendiary Steward

Respondent(s):
Mr RJ Alfeld - Licensed Open Horseman

Information Number:
A8376

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Timaru HRC - 6 January 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2017/01/06

Race Number:
R3

Decision:

Mr Alfeld having admitted the breach, the charge was found proved.

Penalty:

Mr Alfeld was fined the sum of $300.

Facts:

Following the running of Race 3, Property Brokers Mobile Pace, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr RJ Alfeld, alleging that, as the driver of SANS LE SOU in the race, he “used his whip in a manner Stewards deemed to be excessive in the final straight”.

Mr Alfeld had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Alfeld did not wish to be present at the hearing.

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

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out Mr Alfeld, driving SANS LE SOU, racing towards the rear of the field on the markers as the field entered the home straight inside the 400 metres. Shortly after straightening, Mr Alfeld angled the horse off the markers to improve through the middle of runners. He then commenced using his whip and from that point, Mr Renault alleged, Mr Alfeld used his whip on 12 occasions, all free of the rein, the only pause being two “fake” strikes. The Committee noted that SANS LE SOU, finished in 3rd position, 1 length from the winner.

Submissions for Penalty:

Mr Renault told the Committee that Mr Alfeld had a clear record under the Rule. His record showed that he has had 9 drives this season and, in the 2105/2016 season, had a total of 29 drives. Mr Renault submitted that Mr Alfeld should receive credit for his admission of the breach and his good record. Having regard to those factors, Mr Renault submitted, an appropriate penalty was a fine of $300.

Reasons for Penalty:

In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Alfelds’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.

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: a754dfd395ff24205014f9c0f32431cf


informantnumber: A8376


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/01/2017


hearing_title: Timaru HRC 6 January 2017 - R 3 Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, Property Brokers Mobile Pace, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr RJ Alfeld, alleging that, as the driver of SANS LE SOU in the race, he “used his whip in a manner Stewards deemed to be excessive in the final straight”.

Mr Alfeld had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Alfeld did not wish to be present at the hearing.

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

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out Mr Alfeld, driving SANS LE SOU, racing towards the rear of the field on the markers as the field entered the home straight inside the 400 metres. Shortly after straightening, Mr Alfeld angled the horse off the markers to improve through the middle of runners. He then commenced using his whip and from that point, Mr Renault alleged, Mr Alfeld used his whip on 12 occasions, all free of the rein, the only pause being two “fake” strikes. The Committee noted that SANS LE SOU, finished in 3rd position, 1 length from the winner.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Alfeld having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Renault told the Committee that Mr Alfeld had a clear record under the Rule. His record showed that he has had 9 drives this season and, in the 2105/2016 season, had a total of 29 drives. Mr Renault submitted that Mr Alfeld should receive credit for his admission of the breach and his good record. Having regard to those factors, Mr Renault submitted, an appropriate penalty was a fine of $300.


reasonsforpenalty:

In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Alfelds’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.


penalty:

Mr Alfeld was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Stipendiary Steward


JockeysandTrainer: Mr RJ Alfeld - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 87d5429881cc95a47ea8c5da8643ce1f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 524a22af4d0a1207258d68b0983f49bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2017


meet_title: Timaru HRC - 6 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Timaru HRC