Akaroa TC 11 December 2016 – R 4 – Chair, Mr S Ching
ID: JCA14011
Meet Title:
Akaroa TC - 11 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/12/11
Race Number:
R4
Decision:
As Mr Telfer had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Telfer was fined the sum of $300.
Facts:
Following the running of Race 4, the Townsend Seeds International Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Graduation Horseman Mr G Telfer, alleging a breach of Rule 869(2)(a) in that he used his whip continuously in the home straight which the Stewards deem to be excessive.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Telfer had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Telfer also confirmed that he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr S Renault, of the run home. He pointed out Mr Telfer driving LIMOSO turning for home near the 400m in a wide position, beyond midfield. Mr Wallis said that shortly after entering the home straight, Mr Telfer used the whip with his hand on the rein in a continuous manner on 12 occasions before changing to free hand and using the whip again on two further occasions making a total of 14 strikes. He said that the guidelines allow the drivers to use the whip with a rein in each hand as long as it is not in a continuous manner. Mr Wallis stated that 12 strikes without breakup, was continuous and outside the new whip guidelines of a maximum of 10 strikes inside the 400m.
Mr Telfer said that he used the whip directly on the horse when first entering the straight. He said that the first 2 to 3 strikes were on the horse but after that he was slapping the horse with the reins and the whip was in that hand.
Submissions for Penalty:
Mr Wallis stated that Mr Telfer had driven on 10 occasions to date, this season, with 27 drives last season and typically drives all his own horses. Mr Wallis stated that Mr Telfer had a clear record regarding this rule and had admitted the breach. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule and submitted that after consideration for Mr Telfer’s good record and admission of the breach, that a fine of $300 be considered as penalty in this case.
Mr Telfer made no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, we have taken into consideration all factors, both mitigating and aggravating. Mr Telfer’s submission that he was only slapping the horse with the reins and had the whip in hand we do not accept, as it was clear to the Committee on the films that Mr Telfer was using the whip in a fore hand motion. In adopting the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule, we find there were no aggravating factors which warrant an uplift in penalty. We were however, able to afford Mr Telfer a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
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: 8bc433b419f8e1019ae0ebea0aa2186c
informantnumber: A8430
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2016
hearing_title: Akaroa TC 11 December 2016 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Townsend Seeds International Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Graduation Horseman Mr G Telfer, alleging a breach of Rule 869(2)(a) in that he used his whip continuously in the home straight which the Stewards deem to be excessive.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Telfer had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Telfer also confirmed that he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays, with the assistance of Stipendiary Steward, Mr S Renault, of the run home. He pointed out Mr Telfer driving LIMOSO turning for home near the 400m in a wide position, beyond midfield. Mr Wallis said that shortly after entering the home straight, Mr Telfer used the whip with his hand on the rein in a continuous manner on 12 occasions before changing to free hand and using the whip again on two further occasions making a total of 14 strikes. He said that the guidelines allow the drivers to use the whip with a rein in each hand as long as it is not in a continuous manner. Mr Wallis stated that 12 strikes without breakup, was continuous and outside the new whip guidelines of a maximum of 10 strikes inside the 400m.
Mr Telfer said that he used the whip directly on the horse when first entering the straight. He said that the first 2 to 3 strikes were on the horse but after that he was slapping the horse with the reins and the whip was in that hand.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Telfer had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Telfer had driven on 10 occasions to date, this season, with 27 drives last season and typically drives all his own horses. Mr Wallis stated that Mr Telfer had a clear record regarding this rule and had admitted the breach. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule and submitted that after consideration for Mr Telfer’s good record and admission of the breach, that a fine of $300 be considered as penalty in this case.
Mr Telfer made no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, we have taken into consideration all factors, both mitigating and aggravating. Mr Telfer’s submission that he was only slapping the horse with the reins and had the whip in hand we do not accept, as it was clear to the Committee on the films that Mr Telfer was using the whip in a fore hand motion. In adopting the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule, we find there were no aggravating factors which warrant an uplift in penalty. We were however, able to afford Mr Telfer a discount of $100 for his admission of the breach and a further discount of $100 for his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
penalty:
Accordingly, Mr Telfer was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: G Telfer-Licensed Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 277c4845b3f99e115a65c93d4c72a5ae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dcb2222ee8b8085a4301a0e87aa7adf6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2016
meet_title: Akaroa TC - 11 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC