Banks Peninsula TC 24 November 2013 – R 12 (heard on 29 November 2013 at Addington)

hearingid: 9d5d4bb2013e1f9869b85603e87f15a8

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startdate: 24/11/2013

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hearing_title: Banks Peninsula TC 24 November 2013 - R 12 (heard on 29 November 2013 at Addington)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault - Stipendiary Steward

Defendant: M P Edmonds - Licensed Open Driver

Information No: A2434

Meeting: Banks Peninsula Trotting Club

Venue: Motukarara Raceway, Motukarara

Date: 24 November 2013 (heard on 29 November 2013 at Addington)

Race: 12

Rule No: 869 (2) (a)

Judicial Committee: R G McKenzie, Chairman - K G Hales, Committee Member

Plea: Admitted

Charge:  Alleged excessive use of the whip.

FACTS:

Following the running of Race 12, Backpackers.com Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr M P Edmonds, alleging that, as the driver of EVA SOPHNALLY in the Race, he “used his whip in an excessive manner over the concluding stages”.

The information was served on Mr Edmonds after the conclusion of the race meeting. He signed the Statement by the Defendant on the information form to the effect that he admitted the breach and he endorsed and signed the information form “I do not wish to be present”.

The information was heard at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway, Christchurch, on 29 November 2013.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

SUBMISSIONS:

Mr N M Ydgren, Stipendiary Steward, pointed out Mr Edmonds driving EVA SOPHNALLY racing outside the leader as the field approached the home turn. Shortly after turning for home, Mr Edmonds commenced using his whip and, from that point, used his whip on 26 occasions, Mr Wallis alleged, with his hand free of the rein. His use of the whip was continuous.

The Committee noted that EVA SOPHNALLY finished in 3rd placing.

DECISION:

Mr Edmonds having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Wallis informed the Committee that, on 20 September 2013, Mr Edmonds was fined the sum of $200 for a breach of the Rule at Rangiora.

In the 2012/2013 season, Mr Edmonds had a total of 133 drives and this season, to date, has had 44 drives – principally on his own horses. Mr Wallis said that Mr Edmonds had been “totally professional” in dealing with the Stewards relating to the charge, which he had admitted at the first opportunity.

Mr Wallis referred the Committee to the penalty (a fine of $250) imposed on another driver at the same meeting where the circumstances of the breach were similar. He submitted that a fine of that amount was appropriate.

REASONS FOR PENALTY:

In determining penalty, the Committee had regard to the starting point of a $500 fine for a second breach of the Rule.

A mitigating factor was Mr Edmonds’ frank admission of the breach.

It was appropriate to deal with Mr Edmonds in the same manner as the other driver on the same raceday.

PENALTY:

Mr Edmonds was fined the sum of $250.

R G McKenzie               K G Hales

CHAIRMAN                  COMMITTEE MEMBER

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hearing_type: Old Hearing

Rules: 869(2)(a)

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