Banks Peninsula TC 23 November 2014 – R 11 (heard on 28 November 2014 at Addington)

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startdate: 23/11/2014

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hearing_title: Banks Peninsula TC 23 November 2014 - R 11 (heard on 28 November 2014 at Addington)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault – Stipendiary Steward
Respondent: Mr M Edmonds – Open Horseman
Information No: A6495
Meeting: Bank Peninsula Trotting Club
Date: 23 November 2014 (heard at Addington on Friday, 28 November 2014)
Venue: Motukarara
Rule No: 869(2)
Race: 11
Judicial Committee: K Hales, Chairman – R McKenzie, Committee Member
Plea: Admitted

Charge
It was alleged that Mr Edmonds used his whip in an improper manner by using it when his foot was out of the sulky footrest when driving for the finishing post in the "Dave Warrington Memorial/HSW Limited Mobile Pace". The video coverage of the incident, showed that with approximately 50 metres to run in the race, Mr Edmonds foot dropped out of the footrest. Whilst his foot was out of the footrest, Mr Edmonds struck his horse four times, with what appeared to be a degree of force. Mr Edmonds horse "Pandora's Hope" finished second.

The information was lodged with the Raceday Registrar, prior to the finish of racing on 23 November, and was adjourned for hearing on Friday, 28 November at Addington. The information was served on Mr Edmonds on 28 November 2014.

Mr Edmonds elected not to be present at the hearing, but we were informed by Mr Renault, that by way of explanation, Mr Edmonds said that his foot "slipped" out of the footrest and that he did not get around to putting it back until the horse crossed the line.

Decision
As Mr Edmonds has admitted the charge, it thereby deemed to be proved.

Submission on Penalty
Mr Renault told the hearing that Mr Edmonds had a clear record. As it was a first breach, Mr Renault said that the Stipendiary Stewards would normally have submitted that a fine was the appropriate penalty, but Mr Edmonds had expressed a clear wish to receive a suspension. Mr Renault said that if the Judicial Committee elected to impose a suspension then a two day suspension should be imposed, to encompass meetings at Oamaru on 6 December and Methven on 7 December 2014.

Reasons for Penalty
The Judicial Control Authority's penalty guide provides a starting point of a fine of $300 or a 6 drive suspension. It would seem that Mr Edmonds is not a "busy driver" in racing parlance, and primarily, his driving is at meetings in the Canterbury region. The fact situation in this case was, in this committee's assessment, quite serious, as it is known that horseman can apply greater force with the whip, when a foot is out of the rest and in this case, it is this committee's perception that the 4 strikes were applied with some force.

Thus, even though Mr Edmonds does have a good record, a suspension, as submitted, is a proper penalty to impose.

Penalty
Mr Edmonds' horseman's licence is suspended for two days, and those two days will encompass meetings at Oamaru and Methven, on 6 and 7 December 2014.

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hearing_type: Old Hearing

Rules: 869(2)(b)

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