Akaroa TC 28 March 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA10611
Meet Title:
Akaroa TC - 28 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/03/28
Race Number:
R1
Decision:
Mr Anderson having admitted the charge, the charge was found proved.
Penalty:
Mr Anderson was fined the sum of $300.
Facts:
Following the running of Race 1, Peninsular Resort Mooloolaba Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr R G Anderson, alleging that Mr Anderson, as the driver of SPOOKY in the race, “used his whip in a manner Stewards deem to be excessive in the final straight”.
Mr Anderson has signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Wallis informed the Committee that Mr Anderson did not wish to attend the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis referred to a video replay of the final 300-400 metres of the race. He pointed out Mr Anderson, driving SPOOKY, angle out to race widest on the track inside the final 300 metres.
Mr Wallis said that, for the first few strokes of the whip, Mr Anderson had his hands on the reins and these do not count. Mr Anderson then activated the removable deafeners and, from that point Mr Wallis said, Mr Anderson had agreed with Stewards that he used his whip on 20 occasions. Mr Anderson’s use of the whip was not broken up at all, Mr Wallis said.
The Committee noted that SPOOKY finished in 5th placing.
Submissions for Penalty:
Mr Wallis referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Anderson’s record was clear, he said. He has had 2,226 lifetime drives prior to today – this season 35 drives and in the 2014/2015 season 21 drives. He was not an “overly busy” driver, Mr Wallis said. Having regard to the Penalty Guide starting point, Mr Anderson’s record and his admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were two significant mitigating factors – Mr Anderson’s admission of the breach and his good record under the Rule.
Mr Anderson was entitled to a discount from the Penalty Guide starting point for those.
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: 0422d4debd4059d6aedd7d0544c242f3
informantnumber: A8068
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/03/2016
hearing_title: Akaroa TC 28 March 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Peninsular Resort Mooloolaba Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr R G Anderson, alleging that Mr Anderson, as the driver of SPOOKY in the race, “used his whip in a manner Stewards deem to be excessive in the final straight”.
Mr Anderson has signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr Wallis informed the Committee that Mr Anderson did not wish to attend the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis referred to a video replay of the final 300-400 metres of the race. He pointed out Mr Anderson, driving SPOOKY, angle out to race widest on the track inside the final 300 metres.
Mr Wallis said that, for the first few strokes of the whip, Mr Anderson had his hands on the reins and these do not count. Mr Anderson then activated the removable deafeners and, from that point Mr Wallis said, Mr Anderson had agreed with Stewards that he used his whip on 20 occasions. Mr Anderson’s use of the whip was not broken up at all, Mr Wallis said.
The Committee noted that SPOOKY finished in 5th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Anderson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Wallis referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Anderson’s record was clear, he said. He has had 2,226 lifetime drives prior to today – this season 35 drives and in the 2014/2015 season 21 drives. He was not an “overly busy” driver, Mr Wallis said. Having regard to the Penalty Guide starting point, Mr Anderson’s record and his admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were two significant mitigating factors – Mr Anderson’s admission of the breach and his good record under the Rule.
Mr Anderson was entitled to a discount from the Penalty Guide starting point for those.
penalty:
Mr Anderson was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: R G Anderson, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 992a5b8cd05f7c82aada79a90267ad72
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66b0ce2ba98b33c8656416842aedf0ed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2016
meet_title: Akaroa TC - 28 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Akaroa TC