Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Nelson HRC 05 January 2014 – R2

ID: JCA17160

Applicant:
Mr R Neal - Co-Chief Stipendiary Steward

Respondent(s):
Mr B Orange - Open Horseman

Information Number:
A3207

Hearing Type:
Hearing

New Charge:
Breach of Excessive Use of Whip Rule

Rules:
869(2a)

Plea:
admitted

Meet Title:
Nelson HRC - 5 January 2014

Meet Chair:
PWilliams

Race Date:
2014/01/05

Race Number:
R2

Decision:

As Mr Orange admitted the breach it is found proved.

Penalty:

Mr Orange is fined $200.

Facts:

Following the running of race 2, the “Jennex Signs Mobile Pace” Information A3207 was filed by Co-Chief Stipendiary Steward, Mr R Neal under Rule 869(2)(a). The information stated “(B Orange) used his whip excessively throughout the final straight when driving “Remiss”.

Mr Orange signed the information admitting the breach and that he did not wish to be present during the hearing.

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 Neal used the side-on film to identify Mr Orange driving “Remiss”. He said Mr Orange had struck his horse mainly in a back handed manner and not particularly forcefully approximately 24 times in the home straight.

Submissions for Penalty:

Mr Neal said Mr Orange was a busy and very experienced driver who drove throughout the country on a regular basis who had admitted the breach at the earliest opportunity. He said Mr Orange had previously breached this Rule at Addington on 6 September 2013 when he struck his horse 3 times after the finishing line. He submitted a fine of $200 was an appropriate penalty.

Reasons for Penalty:

I have reviewed the film of the incident and note that Mr Orange used his whip approximately 24 times in the home straight with almost all of them being not forceful and in a back handed manner.  As such I believe the breach of the rules is at the low end of severity. I have also noted that whilst Mr Orange breached this Rule 4 months ago that breach was his first breach of the Rule in at least the previous 3.5 years. As such I believe Mr Orange has an outstanding record under this Rule. I 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: d43bd7de9f52ef1c7cdb3cf7a93d374f


informantnumber: A3207


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Excessive Use of Whip Rule


plea: admitted


penaltyrequired: 1


decisiondate: 02/01/2014


hearing_title: Nelson HRC 05 January 2014 - R2


charge:


facts:

Following the running of race 2, the “Jennex Signs Mobile Pace” Information A3207 was filed by Co-Chief Stipendiary Steward, Mr R Neal under Rule 869(2)(a). The information stated “(B Orange) used his whip excessively throughout the final straight when driving “Remiss”.

Mr Orange signed the information admitting the breach and that he did not wish to be present during the hearing.

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 Neal used the side-on film to identify Mr Orange driving “Remiss”. He said Mr Orange had struck his horse mainly in a back handed manner and not particularly forcefully approximately 24 times in the home straight.


reasonsfordecision:


Decision:

As Mr Orange admitted the breach it is found proved.


sumissionsforpenalty:

Mr Neal said Mr Orange was a busy and very experienced driver who drove throughout the country on a regular basis who had admitted the breach at the earliest opportunity. He said Mr Orange had previously breached this Rule at Addington on 6 September 2013 when he struck his horse 3 times after the finishing line. He submitted a fine of $200 was an appropriate penalty.


reasonsforpenalty:

I have reviewed the film of the incident and note that Mr Orange used his whip approximately 24 times in the home straight with almost all of them being not forceful and in a back handed manner.  As such I believe the breach of the rules is at the low end of severity. I have also noted that whilst Mr Orange breached this Rule 4 months ago that breach was his first breach of the Rule in at least the previous 3.5 years. As such I believe Mr Orange has an outstanding record under this Rule. I believe on this occasion a fine is an appropriate penalty.


penalty:

Mr Orange is fined $200.

hearing_type: Hearing


Rules: 869(2a)


Informant: Mr R Neal - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr B Orange - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 429666b1621ee880ca291afbdd55362e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 75950819d79da0506a09292f0f1b901a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/01/2014


meet_title: Nelson HRC - 5 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: none


meet_pm2: none


name: Nelson HRC