Banks Peninsula TC 25 November 2012 – R 11
ID: JCA17114
Meet Title:
Banks Peninsula TC - 25 November 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/11/25
Race Number:
R11
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Hjalmarsson was fined the sum of $200.
Charge:
Breach of Rule 869(2)(b)- use of the whip which impedes and inconveniences another horse.
Facts:
Following the running of Race 11, the Clemence Drilling Handicap Trot, an Information was filed by Stipendiary Steward Mr N Ydgren against Graduation Horseman Mr M Hjalmarsson alleging a breach of Rule 869(2)(b) in that he used his whip in a manner which impeded and inconvenienced another horse.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(b) in that you used your whip in a manner which impeded and inconvenienced “Always Treasure”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(b) Use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman.”
Submissions for Decision:
Mr Hjalmarsson had indicated on the Information that this breach of the Rules was admitted and that he understood the rule he was being charged with.
Mr Ydgren gave evidence and used video coverage to show that approaching the 350m, Mr Hjalmarsson driving “Amy’s Invasion” had used his whip outside the confines of the sulky which impeded and inconvenienced the trailing horse, “Always Treasure”, driven by Mr L O’Reilly. “Always Treasure” broke and lost all chance in this incident. Mr Ydgren submitted that there was no intent by Mr Hjalmarsson and the incident was accidental. Mr O’Reilly, when questioned by the Stewards during the investigation, stated that he believed that the whip had struck “Always Treasure” causing the horse to break. Mr Hjalmarsson denied he had struck “Always Treasure” with the whip but had conceded that his whip action had caused the horse to break. The video coverage of the incident was inconclusive as to whether the whip had actually struck “Always Treasure”.
Reasons for Decision:
As Mr Hjalmarsson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty MrYdgren advised that Mr Hjalmarsson had a good penalty record in regard to this Rule and that credit should be given for Mr Hjalmarsson’s ready admission of the breach. He submitted that the incident was accidental and at the lower level of offending. Mr Ydgren stated that the JCA Guide indicated a starting point of 6 drives or $300 fine for a breach of this Rule and submitted that a fine in the vicinity of $200 should be considered in this case.
Mr Hjalmarsson submitted that a minimal fine should be imposed due to his good record and admission of the breach.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Hjalmarsson had admitted the breach, that he had a good penalty record and the incident was accidental with no intent. Taking into consideration all factors we decided that a fine of $200 would be 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: ce17c9972677981fc97baeaccaf083ed
informantnumber: A5583
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Banks Peninsula TC 25 November 2012 - R 11
charge:
Breach of Rule 869(2)(b)- use of the whip which impedes and inconveniences another horse.
facts:
Following the running of Race 11, the Clemence Drilling Handicap Trot, an Information was filed by Stipendiary Steward Mr N Ydgren against Graduation Horseman Mr M Hjalmarsson alleging a breach of Rule 869(2)(b) in that he used his whip in a manner which impeded and inconvenienced another horse.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(b) in that you used your whip in a manner which impeded and inconvenienced “Always Treasure”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(b) Use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Hjalmarsson had indicated on the Information that this breach of the Rules was admitted and that he understood the rule he was being charged with.
Mr Ydgren gave evidence and used video coverage to show that approaching the 350m, Mr Hjalmarsson driving “Amy’s Invasion” had used his whip outside the confines of the sulky which impeded and inconvenienced the trailing horse, “Always Treasure”, driven by Mr L O’Reilly. “Always Treasure” broke and lost all chance in this incident. Mr Ydgren submitted that there was no intent by Mr Hjalmarsson and the incident was accidental. Mr O’Reilly, when questioned by the Stewards during the investigation, stated that he believed that the whip had struck “Always Treasure” causing the horse to break. Mr Hjalmarsson denied he had struck “Always Treasure” with the whip but had conceded that his whip action had caused the horse to break. The video coverage of the incident was inconclusive as to whether the whip had actually struck “Always Treasure”.
reasonsfordecision:
As Mr Hjalmarsson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty MrYdgren advised that Mr Hjalmarsson had a good penalty record in regard to this Rule and that credit should be given for Mr Hjalmarsson’s ready admission of the breach. He submitted that the incident was accidental and at the lower level of offending. Mr Ydgren stated that the JCA Guide indicated a starting point of 6 drives or $300 fine for a breach of this Rule and submitted that a fine in the vicinity of $200 should be considered in this case.
Mr Hjalmarsson submitted that a minimal fine should be imposed due to his good record and admission of the breach.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Hjalmarsson had admitted the breach, that he had a good penalty record and the incident was accidental with no intent. Taking into consideration all factors we decided that a fine of $200 would be an appropriate penalty.
penalty:
On resuming the hearing we gave our reasons and advised that Mr Hjalmarsson was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(b)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer: Mr M Hjalmarsson-Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1da2f05dc81ffe1cb8578c0bd3edfd91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba9f4aff9041900722cd02e9ceb8cdd8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2012
meet_title: Banks Peninsula TC - 25 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC