Ashburton TC 15 November 2012 – R 6
ID: JCA11002
Meet Title:
Ashburton TC - 15 November 2012
Meet Chair:
JMillar
Meet Committee Member 1:
SChing
Race Date:
2012/11/15
Race Number:
R 6
Decision:
The charge was found to be proved.
Penalty:
Mr Craw was fined $250.00.
Charge:
Breach of Rule 869(2)(a)
Facts:
Following the running of race 6, The American Ideal @ Woodlands Stud Mobile Pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Graduation Horseman, Mr G M Craw alleging a breach of Rule 869 (2) (a) in that he used his whip in an excessive manner.
The information reads as follows:
"I, the above named informant allege that the above named Respondent committed a breach of Rule 869 (2) (a)....that he used his whip in a manner deemed excessive when driving "Rainbow Classic".
Rule 869 (2) (a) reads as follows;
"No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner;"
Mr Craw was present at the hearing and indicated that he denied the breach of the Rule. He confirmed that he understood both the Rule and the Charge.
Submissions for Decision:
Mr Ydgren gave evidence, with the assistance of race video, that Mr Craw had struck "Rainbow Classic" approximately 26 times in the home straight in a forceful manner, without discernible pauses. He submitted that Mr Craw's use of the whip was 'far too many'.
Mr Craw gave evidence that he counted only 24 raises of the whip. He said some of these struck the sulky shaft and on some occasions he had run the whip under the horse's tail. He contended there had only been about 10 good hard hits to get the horse going.
He submitted as this was his his first breach of the rules the matter may have been dealt with by way of a warning.
During the hearing it was apparent Mr Craw may not have been familiar with the relevant guidelines concerning the use of the whip. Mr Ydgren read the following extract from the relevant guidelines;
..."The following guidelines apply to Rule 869 (2) (a):-
Stewards deem the 'use of the whip' throughout the race as listed below;
-Free of the rein
-On the horse itself
-On the sulky or dust sheet
-Back handers
869 (2) (a) – Excessive use of the whip simply means "too much" and relates to the number of times and/or force in which the whip is used.
At no stage of a race will Stewards permit continuous use of the whip. Horsemen must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested following alternative actions;
-Running the reins over the horse's rump
-Running the whip through the horse's tail
-Holding the whip on the horses tail or rump
-A rein in each hand while using the whip-not continuous..."
The Committee drew Mr Craw's attention to the fact that the guidelines had recently been circulated within the racing fraternity. Mr Craw, while not acknowledging that he was aware of the relevant policy, said he did not believe his actions had justified being charged with a breach.
Reasons for Decision:
We carefully considered the evidence presented, including video coverage of the race. We were satisfied that Mr Craw used the whip at least 24 times in a forceful manner without any significant pauses from the turn into the home straight. He did not appear to pause and try any alternative and acceptable measures to get the best from the horse.
We were satisfied the use of the whip by Mr Craw was excessive. While Mr Craw did not acknowledge he was aware of the relevant policy concerning the use of the whip, we considered it was his responsibility to familiarise himself with industry rules and guidelines.
Submissions for Penalty:
Mr Ydgren submitted the breach was at a high level. He said Mr Craw had not previously appeared before a Judicial Committee, drove infrequently, having had 12 race day drives last season and 2 drives during the current season including his drive in this race. He considered a fine of between $250 and $300 was appropriate.
Mr Craw indicated that he would prefer a suspension for financial reasons. He added he believed a warning would have been appropriate.
Mr Ydgren submitted, in view of the infrequency of Mr Craw's race day drives, a suspension of several months would be necessary. Initially Mr Ydgren submitted a suspension of 6 months would be appropriate. In reply Mr Craw made a submission of anticipating taking more drives in the coming months and he believed a 3 month suspension would be appropriate. Mr Ydgren reconsidered and supported a 3 month suspension.
Reasons for Penalty:
The Committee considered the breach to be at a high level, there having been at least 24 forceful strikes of the whip in the home straight with no significant pauses. Although Mr Craw considered, due to his inexperience and no previous breach of the rule, he should have received a warning, we were satisfied the charge brought by Mr Ydgren was appropriate.
While we did take into account Mr Craw's lack of race day driving experience, he should have familiarised himself with and complied with the relevant guidelines.
We considered the option of suspension. However in view of the infrequency of Mr Craw's race day drives to date it was difficult to determine a period of suspension which was both fair to Mr Craw, and a suspension which served the interests of a proper and effective penalty.
Accordingly we determined a fine of $250.00 was appropriate.
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: 198483d759ff2e14a7fdc460af7d7f68
informantnumber: A5575
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 30/10/2012
hearing_title: Ashburton TC 15 November 2012 - R 6
charge:
Breach of Rule 869(2)(a)
facts:
Following the running of race 6, The American Ideal @ Woodlands Stud Mobile Pace, an information was filed by Stipendiary Steward Mr N M Ydgren against Graduation Horseman, Mr G M Craw alleging a breach of Rule 869 (2) (a) in that he used his whip in an excessive manner.
The information reads as follows:
"I, the above named informant allege that the above named Respondent committed a breach of Rule 869 (2) (a)....that he used his whip in a manner deemed excessive when driving "Rainbow Classic".
Rule 869 (2) (a) reads as follows;
"No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner;"
Mr Craw was present at the hearing and indicated that he denied the breach of the Rule. He confirmed that he understood both the Rule and the Charge.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence, with the assistance of race video, that Mr Craw had struck "Rainbow Classic" approximately 26 times in the home straight in a forceful manner, without discernible pauses. He submitted that Mr Craw's use of the whip was 'far too many'.
Mr Craw gave evidence that he counted only 24 raises of the whip. He said some of these struck the sulky shaft and on some occasions he had run the whip under the horse's tail. He contended there had only been about 10 good hard hits to get the horse going.
He submitted as this was his his first breach of the rules the matter may have been dealt with by way of a warning.
During the hearing it was apparent Mr Craw may not have been familiar with the relevant guidelines concerning the use of the whip. Mr Ydgren read the following extract from the relevant guidelines;
..."The following guidelines apply to Rule 869 (2) (a):-
Stewards deem the 'use of the whip' throughout the race as listed below;
-Free of the rein
-On the horse itself
-On the sulky or dust sheet
-Back handers
869 (2) (a) – Excessive use of the whip simply means "too much" and relates to the number of times and/or force in which the whip is used.
At no stage of a race will Stewards permit continuous use of the whip. Horsemen must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested following alternative actions;
-Running the reins over the horse's rump
-Running the whip through the horse's tail
-Holding the whip on the horses tail or rump
-A rein in each hand while using the whip-not continuous..."
The Committee drew Mr Craw's attention to the fact that the guidelines had recently been circulated within the racing fraternity. Mr Craw, while not acknowledging that he was aware of the relevant policy, said he did not believe his actions had justified being charged with a breach.
reasonsfordecision:
We carefully considered the evidence presented, including video coverage of the race. We were satisfied that Mr Craw used the whip at least 24 times in a forceful manner without any significant pauses from the turn into the home straight. He did not appear to pause and try any alternative and acceptable measures to get the best from the horse.
We were satisfied the use of the whip by Mr Craw was excessive. While Mr Craw did not acknowledge he was aware of the relevant policy concerning the use of the whip, we considered it was his responsibility to familiarise himself with industry rules and guidelines.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren submitted the breach was at a high level. He said Mr Craw had not previously appeared before a Judicial Committee, drove infrequently, having had 12 race day drives last season and 2 drives during the current season including his drive in this race. He considered a fine of between $250 and $300 was appropriate.
Mr Craw indicated that he would prefer a suspension for financial reasons. He added he believed a warning would have been appropriate.
Mr Ydgren submitted, in view of the infrequency of Mr Craw's race day drives, a suspension of several months would be necessary. Initially Mr Ydgren submitted a suspension of 6 months would be appropriate. In reply Mr Craw made a submission of anticipating taking more drives in the coming months and he believed a 3 month suspension would be appropriate. Mr Ydgren reconsidered and supported a 3 month suspension.
reasonsforpenalty:
The Committee considered the breach to be at a high level, there having been at least 24 forceful strikes of the whip in the home straight with no significant pauses. Although Mr Craw considered, due to his inexperience and no previous breach of the rule, he should have received a warning, we were satisfied the charge brought by Mr Ydgren was appropriate.
While we did take into account Mr Craw's lack of race day driving experience, he should have familiarised himself with and complied with the relevant guidelines.
We considered the option of suspension. However in view of the infrequency of Mr Craw's race day drives to date it was difficult to determine a period of suspension which was both fair to Mr Craw, and a suspension which served the interests of a proper and effective penalty.
Accordingly we determined a fine of $250.00 was appropriate.
penalty:
Mr Craw was fined $250.00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr G M Craw - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e371d9e94ecbc638c518562198f11218
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cdd049b87d084dc077d6f13e27f5c606
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2012
meet_title: Ashburton TC - 15 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC