Franklin TC – 22 October 2010 – R 8
ID: JCA22469
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 22 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/22
Race Number:
R 8
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: J Muirhead
--Defendant: R Fensom
--Information No: 68908
--Meeting: Franklin Trotting Club
--Date: 22 October 2010
--Venue: Alexandra Park Raceway
--Race: 8
--Rule No: 869(2) (a)
--Judicial Committee: Jeff Holloway, Chairman - Bryan Scott, Committee Member
--Plea: Not Admitted
----
FACTS
--Horseman Mr R Fensom as charged with excessive use of the whip on Jacuzzisuzzi over the concluding stages of Race 8.
----
Mr Fensom signed the information denying the breach and indicated he would like an adjournment to the 29th October 2010 to examine video evidence.
----
The rule was read and Mr Fensom conceded he was familiar with the guidelines as issued by the Chief Stipendiary Steward. His request for an adjournment was denied.
----
Mr Muirhead identified Mr Fensom and with reference to video footage showed him running through to the line finishing first. In the final stages he used the whip 19 times in an exaggerated forceful manner. He was flicking the tail on occasions which was acceptable but the whipping was continuous and over vigorous particularly over the final 100 metres where he struck the horse 10 times.
----
Mr Muirhead submitted the behaviour was about public perception. If it looked bad it was bad.
----
Mr Fensom asked Mr Muirhead to confirm the number of times he had hit the horse as in his estimation he had only hit the horse 11 times with the other action being of flicking the horses tail which is acceptable.
----
In the last 100 metres he had hit the horse 7 times. He admitted his driving action in the last 200 metres was a bit out there and that he had to rein it in a bit. He was seeking an adjournment in order to show how the horse performed if driven less aggressively. He was trying his best to teach it how to be a race horse. If he had not driven it in this manner he would have ended fourth. Instead the owners have got their money and the horse did not have a mark on it.
----
His action looked worse than it was and he had seen a lot of other drivers performing a lot more aggressively who had not faced the judicial committee.
----
Mr Muirhead referred the committee to the use of the whip guidelines as issued.
----
Decision and reasons
--The Committee is satisfied that charge was proven.
----
There is no doubt the whipping has been excessive in both force and in the number of times. Although the whip had been thrust through the tail on occasions there was still clear evidence of the horse being struck on 19 occasions. There had been no abatement in the action over the concluding stages of the race.
----
The guidelines clearly indicate the horse did not need to be marked, that there had to be distinct pauses in the whipping action and that there was no defence to such a charge because the horse was likely to finish in a stake bearing position.
----
SUBMISSIONS ON PENALTY
--Mr Muirhead referred to the JCA guidelines which indicated a starting penalty of $250 fine or one week’s suspension.
----
Mr Fensom had a clean driver’s record and in Mr Muirhead’s opinion the offending was mid range.
----
Mr Fensom had no comments regarding penalty other than he preferred a fine
----
PENALTY
--Taking into account the facts of the matter and the Use of whip guidelines the committee accepted that a fine was appropriate on this occasion.
----
The offending was mid range and Mr Fensom enjoyed a clean driver’s record.
----
A fine of $200 was ordered.
----
--
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: d43d4f2d39ccd2401c2799a773f9a960
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 22/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 22 October 2010 - R 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: J Muirhead
--Defendant: R Fensom
--Information No: 68908
--Meeting: Franklin Trotting Club
--Date: 22 October 2010
--Venue: Alexandra Park Raceway
--Race: 8
--Rule No: 869(2) (a)
--Judicial Committee: Jeff Holloway, Chairman - Bryan Scott, Committee Member
--Plea: Not Admitted
----
FACTS
--Horseman Mr R Fensom as charged with excessive use of the whip on Jacuzzisuzzi over the concluding stages of Race 8.
----
Mr Fensom signed the information denying the breach and indicated he would like an adjournment to the 29th October 2010 to examine video evidence.
----
The rule was read and Mr Fensom conceded he was familiar with the guidelines as issued by the Chief Stipendiary Steward. His request for an adjournment was denied.
----
Mr Muirhead identified Mr Fensom and with reference to video footage showed him running through to the line finishing first. In the final stages he used the whip 19 times in an exaggerated forceful manner. He was flicking the tail on occasions which was acceptable but the whipping was continuous and over vigorous particularly over the final 100 metres where he struck the horse 10 times.
----
Mr Muirhead submitted the behaviour was about public perception. If it looked bad it was bad.
----
Mr Fensom asked Mr Muirhead to confirm the number of times he had hit the horse as in his estimation he had only hit the horse 11 times with the other action being of flicking the horses tail which is acceptable.
----
In the last 100 metres he had hit the horse 7 times. He admitted his driving action in the last 200 metres was a bit out there and that he had to rein it in a bit. He was seeking an adjournment in order to show how the horse performed if driven less aggressively. He was trying his best to teach it how to be a race horse. If he had not driven it in this manner he would have ended fourth. Instead the owners have got their money and the horse did not have a mark on it.
----
His action looked worse than it was and he had seen a lot of other drivers performing a lot more aggressively who had not faced the judicial committee.
----
Mr Muirhead referred the committee to the use of the whip guidelines as issued.
----
Decision and reasons
--The Committee is satisfied that charge was proven.
----
There is no doubt the whipping has been excessive in both force and in the number of times. Although the whip had been thrust through the tail on occasions there was still clear evidence of the horse being struck on 19 occasions. There had been no abatement in the action over the concluding stages of the race.
----
The guidelines clearly indicate the horse did not need to be marked, that there had to be distinct pauses in the whipping action and that there was no defence to such a charge because the horse was likely to finish in a stake bearing position.
----
SUBMISSIONS ON PENALTY
--Mr Muirhead referred to the JCA guidelines which indicated a starting penalty of $250 fine or one week’s suspension.
----
Mr Fensom had a clean driver’s record and in Mr Muirhead’s opinion the offending was mid range.
----
Mr Fensom had no comments regarding penalty other than he preferred a fine
----
PENALTY
--Taking into account the facts of the matter and the Use of whip guidelines the committee accepted that a fine was appropriate on this occasion.
----
The offending was mid range and Mr Fensom enjoyed a clean driver’s record.
----
A fine of $200 was ordered.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 52aab21a076f749c1509fce633ecaa04
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
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race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: decb241228cffe007faf2bd15e6c0dd5
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meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/10/2010
meet_title: Franklin TC - 22 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Franklin TC