Reefton TC 30 December 2015 – R 5 – Chair, Mr S Ching
ID: JCA16602
Meet Title:
Reefton TC - 30 December 2015
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2015/12/30
Race Number:
R5
Decision:
As Mr Broadhurst had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Broadhurst was fined the sum of $300.
Facts:
Following the running of Race 5, the Apparel Master Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr D Broadhurst, alleging a breach of Rule 869(2)(a) in that he used his whip excessively in the run home when driving PATRICK BEE.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a)-Use his whip in an unnecessary, excessive or improper manner.”
Mr Broadhurst had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing.
Mr Broadhurst also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the final stages of the race where he pointed out Mr Broadhurst, driving PATRICK BEE, racing in the parked position at the home turn. Using the side on replay he pointed out Mr Broadhurst draw his whip and used it continuously for at least 21 times before becoming obscured behind another runner. Mr Wallis then switched over to the head on replay which showed Mr Broadhurst use his whip on at least another 5 occasions. Mr Wallis stated that the total number of strikes was in the high 20’s, well above the Stewards threshold limit of 20 strikes. He stated that there was not a definitive number of strikes due to the horse being obscured for part of the final stages. He said that it was definitely over the Stewards threshold of 20 strikes but under 30.
Mr Broadhurst said he was not fully aware of the Whip Guidelines, that every strike was counted regardless of whether it struck the horse or the dust sheet. He was under the impression that only strikes that hit the horse were counted. He said that he had hit the sulky and dust sheet with the first set of strikes but said he gave the horse 2 strikes on the right and 3 back handers on the left hand side just prior to the line. He also said there were no visible whip marks on PATRICK BEE.
Submissions for Penalty:
Mr Wallis stated that Mr Broadhurst had an excellent record and had admitted the breach at the first opportunity. He said Mr Broadhurst drove on 5 occasions last season with 2 drives so far this season. Mr Wallis said the although the strikes were not forceful, the Stewards assessed the breach as mid to high due to the sheer number of strikes.
Mr Wallis stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Wallis said that it would be very difficult to quantify a suspension for Mr Broadhurst as he drove so infrequently. He submitted that a fine should be considered in this case with the level of that fine he would leave to the committee.
Mr Broadhurst stated that this was his first whip charge in 49 years as a driver and his record was excellent. He said did not want a suspension considered as this could be lengthy due to the fact that he drives infrequently. He submitted that a fine was preferred.
Reasons for Penalty:
In determining penalty we took into account Mr Broadhurst’s excellent record and his ready admission of the breach. The Committee also assessed the breach as mid to high due to the high number of strikes. Taking into consideration the submissions on penalty, the Committee decided that a fine was an appropriate penalty for Mr Broadhurst. In taking the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Broadhurst a discount of $100 for his excellent record and a further discount of $100 for his frank admission of the breach. We therefore decided that a fine of $300 was an appropriate penalty in this case.
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: cb60dd957deb1fdc6895594f68e10823
informantnumber: A 8054
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2015
hearing_title: Reefton TC 30 December 2015 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Apparel Master Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Open Horseman, Mr D Broadhurst, alleging a breach of Rule 869(2)(a) in that he used his whip excessively in the run home when driving PATRICK BEE.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a)-Use his whip in an unnecessary, excessive or improper manner.”
Mr Broadhurst had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing.
Mr Broadhurst also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the final stages of the race where he pointed out Mr Broadhurst, driving PATRICK BEE, racing in the parked position at the home turn. Using the side on replay he pointed out Mr Broadhurst draw his whip and used it continuously for at least 21 times before becoming obscured behind another runner. Mr Wallis then switched over to the head on replay which showed Mr Broadhurst use his whip on at least another 5 occasions. Mr Wallis stated that the total number of strikes was in the high 20’s, well above the Stewards threshold limit of 20 strikes. He stated that there was not a definitive number of strikes due to the horse being obscured for part of the final stages. He said that it was definitely over the Stewards threshold of 20 strikes but under 30.
Mr Broadhurst said he was not fully aware of the Whip Guidelines, that every strike was counted regardless of whether it struck the horse or the dust sheet. He was under the impression that only strikes that hit the horse were counted. He said that he had hit the sulky and dust sheet with the first set of strikes but said he gave the horse 2 strikes on the right and 3 back handers on the left hand side just prior to the line. He also said there were no visible whip marks on PATRICK BEE.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Broadhurst had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Broadhurst had an excellent record and had admitted the breach at the first opportunity. He said Mr Broadhurst drove on 5 occasions last season with 2 drives so far this season. Mr Wallis said the although the strikes were not forceful, the Stewards assessed the breach as mid to high due to the sheer number of strikes.
Mr Wallis stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Wallis said that it would be very difficult to quantify a suspension for Mr Broadhurst as he drove so infrequently. He submitted that a fine should be considered in this case with the level of that fine he would leave to the committee.
Mr Broadhurst stated that this was his first whip charge in 49 years as a driver and his record was excellent. He said did not want a suspension considered as this could be lengthy due to the fact that he drives infrequently. He submitted that a fine was preferred.
reasonsforpenalty:
In determining penalty we took into account Mr Broadhurst’s excellent record and his ready admission of the breach. The Committee also assessed the breach as mid to high due to the high number of strikes. Taking into consideration the submissions on penalty, the Committee decided that a fine was an appropriate penalty for Mr Broadhurst. In taking the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Broadhurst a discount of $100 for his excellent record and a further discount of $100 for his frank admission of the breach. We therefore decided that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly Mr Broadhurst was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer: Mr D Broadhurst - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d7e855933cee9c29a8ded1b6e466d4f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cbec823edb57cd709a6ed2c437928c05
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2015
meet_title: Reefton TC - 30 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Reefton TC