Methven TC – 6 April 2008 – Race 7
ID: JCA19161
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 6 April 2008
Race Date:
2008/04/06
Race Number:
Race 7
Decision:
Following the running of race 7 an information was lodged by the Stipendiary Stewards against Ms A D Edmonds alleging a breach of rule 869 (2) (a) in that she used her whip excessively on the run home.
Following the running of race 7 an information was lodged by the Stipendiary Stewards against Ms A D Edmonds alleging a breach of rule 869 (2) (a) in that she used her whip excessively on the run home.
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The relevant rule reads:
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No horseman shall during any race use his whip in an unnecessary excessive or improper manner.
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At the outset of the hearing Ms Edmonds indicated that she admitted the breach but wished to be heard. Mr Escott said at the commencement of the hearing that it was his view that Ms Edmonds had used her whip at least 24 times continuously in the run home up until the finishing line and that in his view that was a clear breach of the rule.
----
The video evidence of the run home was viewed by the Committee, which clearly showed that Ms Edmonds hit the horse in a continuous manner at least 24 times.
----
In respect of penalty Mr Escott sought a monetary penalty or a suspension and noted:
--· That Ms Edmonds had been suspended on 16 November 2007 for three weeks under the same rule, and
--· During the previous twelve months prior to that offending she had three charges and convictions under this rule.
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Mr Escott considered that Ms Edmonds was a recidivist offender. Ms Edmonds indicated that she preferred a suspension rather than a fine but provided no information as to her income from her employment outside race driving.
--
The Committee after giving careful consideration to the appropriate penalty is of the view that the penalty should take into account the following matters:
· That Ms Edmonds is a recidivist offender in respect of this rule having four previous convictions over the last 16 months which she did not contest
--· That she is a part owner of a horse and therefore benefits monetarily from the horse winning the race
--· That she is in full time employment outside race driving, and
--· She is an articulate person and well aware of her responsibilities
----
The Committee as a starting point, given Ms Edmonds previous record, is of the view that a substantial fine, suspension or a mixture of both is appropriate. After giving consideration to submissions made on this occasion by the parties, the Defendant’s early guilty plea and her frankness at the hearing the Committee is of the opinion that it can step back from imposing a substantial suspension and, accordingly, imposes a fine of $200.00 and a suspension from the conclusion of racing from today, 7 April 2008, until the completion of the racing on 2 May 2008 that is an effective 4 days suspension on the information provided by both parties at the hearing.
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B Coombes
--Chairman
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: 2a89adc0911b375d2923947b549d02d9
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 06/04/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 6 April 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 7 an information was lodged by the Stipendiary Stewards against Ms A D Edmonds alleging a breach of rule 869 (2) (a) in that she used her whip excessively on the run home.
Following the running of race 7 an information was lodged by the Stipendiary Stewards against Ms A D Edmonds alleging a breach of rule 869 (2) (a) in that she used her whip excessively on the run home.
----
The relevant rule reads:
----
No horseman shall during any race use his whip in an unnecessary excessive or improper manner.
----
At the outset of the hearing Ms Edmonds indicated that she admitted the breach but wished to be heard. Mr Escott said at the commencement of the hearing that it was his view that Ms Edmonds had used her whip at least 24 times continuously in the run home up until the finishing line and that in his view that was a clear breach of the rule.
----
The video evidence of the run home was viewed by the Committee, which clearly showed that Ms Edmonds hit the horse in a continuous manner at least 24 times.
----
In respect of penalty Mr Escott sought a monetary penalty or a suspension and noted:
--· That Ms Edmonds had been suspended on 16 November 2007 for three weeks under the same rule, and
--· During the previous twelve months prior to that offending she had three charges and convictions under this rule.
----
Mr Escott considered that Ms Edmonds was a recidivist offender. Ms Edmonds indicated that she preferred a suspension rather than a fine but provided no information as to her income from her employment outside race driving.
--
The Committee after giving careful consideration to the appropriate penalty is of the view that the penalty should take into account the following matters:
· That Ms Edmonds is a recidivist offender in respect of this rule having four previous convictions over the last 16 months which she did not contest
--· That she is a part owner of a horse and therefore benefits monetarily from the horse winning the race
--· That she is in full time employment outside race driving, and
--· She is an articulate person and well aware of her responsibilities
----
The Committee as a starting point, given Ms Edmonds previous record, is of the view that a substantial fine, suspension or a mixture of both is appropriate. After giving consideration to submissions made on this occasion by the parties, the Defendant’s early guilty plea and her frankness at the hearing the Committee is of the opinion that it can step back from imposing a substantial suspension and, accordingly, imposes a fine of $200.00 and a suspension from the conclusion of racing from today, 7 April 2008, until the completion of the racing on 2 May 2008 that is an effective 4 days suspension on the information provided by both parties at the hearing.
----
--
--
--
B Coombes
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3d9361662a2ab9ac91a27a9bf66140ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3541f8832efda19ad182acad25610259
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/04/2008
meet_title: Methven TC - 6 April 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Methven TC