Ashburton TC 9 February 2013 – R 9
ID: JCA15103
Meet Title:
Ashburton TC - 9 February 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/02/09
Race Number:
R9
Decision:
Miss Edmonds having admitted the breach, the charge was found proved.
Penalty:
Miss Edmonds’ Open Driver’s licence was suspended from the close of racing today up to and including 22 February 2013. This is intended to incorporate three meetings – Addington on 14 February, Banks Peninsula on 15 February and Addington on 22 February.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 9, “Christian Cullen” Canterbury Speed Series Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of TYLER FRANCO in the race, “used her whip in an excessive manner over the concluding stages while driving TYLER FRANCO”.
Miss Edmonds had indicated on the information form that she did not admit the breach. However, she was present at the hearing of the information and, at the commencement of the hearing, she indicated that she wished to change her plea and admit the breach. The hearing proceeded as for an admitted breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Edmonds, driving TYLER FRANCO, racing 4 or 5-wide approaching the home turn, and widest on the track in the run home. Shortly after turning into the straight, Miss Edmonds commenced using her whip. The Stewards were alleging that, from that point, Miss Edmonds struck her horse with the whip on 20 occasions.
Mr McIntyre emphasised the number of strikes, the fact that they were “freehand” and also continuous. The Stewards deemed 20 strikes to be excessive, he said.
Miss Edmonds accepted the allegation as to the number of strikes. She submitted that her use of the whip had not been excessive, nor did it look bad. She admitted that she had given the mare “a few the last bit” but, she pointed out, it had only just held 2nd placing from the horse inside her, MAGNA (the Committee noted that the margin between 2nd and 3rd was a head). She also submitted that there were “breaks” and the mare was unmarked. Further, it was the mare’s last race and the connections wanted the best possible placing. Finally, she said, the mare kept on giving all the way down the straight.
Submissions for Penalty:
Mr McIntyre informed the Committee that Miss Edmonds had received a penalty of 1 day’s suspension and a $100 fine for a breach of the same Rule at the meeting of New Zealand Metropolitan TC on 1 February last – only 8 days ago. That was a minimum penalty, Mr McIntyre submitted. Miss Edmonds would have, on average, 2 drives per meeting and, on that basis the Stewards were seeking, on this occasion, a fine of $250-300, or a 3-4 days suspension.
With a view to, possibly, imposing a suspension, the Committee, in the presence of the parties, looked at upcoming meetings at which Miss Edmonds would be likely to be driving. Miss Edmonds said that she would accept whatever penalty the Committee imposed, be it a fine or a suspension. Miss Edmonds frankly admitted that she would not be driving at either of the upcoming meetings at Invercargill on 12 February or 17 February.
Reasons for Penalty:
In determining penalty, the Committee took into account Miss Edmonds’ admission of the breach. A significant aggravating factor was the very recent breach of the same Rule. Having regard to that aggravating factor, the Committee was of the view that a term of suspension of Miss Edmonds’ licence was called for. The Committee had regard to the penalty submission of Mr McIntyre. The Committee considered that a fine of $300 would have been an appropriate monetary penalty which equates, in terms of the Penalty Guide, to a suspension for 6 drives – in Miss Edmonds’ case, 3 meetings.
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: 696c0c648c666b5a29db0c21611a4dac
informantnumber: A1865
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Ashburton TC 9 February 2013 - R 9
charge:
Excessive use of the whip.
facts:
Following the running of Race 9, “Christian Cullen” Canterbury Speed Series Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of TYLER FRANCO in the race, “used her whip in an excessive manner over the concluding stages while driving TYLER FRANCO”.
Miss Edmonds had indicated on the information form that she did not admit the breach. However, she was present at the hearing of the information and, at the commencement of the hearing, she indicated that she wished to change her plea and admit the breach. The hearing proceeded as for an admitted breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Edmonds, driving TYLER FRANCO, racing 4 or 5-wide approaching the home turn, and widest on the track in the run home. Shortly after turning into the straight, Miss Edmonds commenced using her whip. The Stewards were alleging that, from that point, Miss Edmonds struck her horse with the whip on 20 occasions.
Mr McIntyre emphasised the number of strikes, the fact that they were “freehand” and also continuous. The Stewards deemed 20 strikes to be excessive, he said.
Miss Edmonds accepted the allegation as to the number of strikes. She submitted that her use of the whip had not been excessive, nor did it look bad. She admitted that she had given the mare “a few the last bit” but, she pointed out, it had only just held 2nd placing from the horse inside her, MAGNA (the Committee noted that the margin between 2nd and 3rd was a head). She also submitted that there were “breaks” and the mare was unmarked. Further, it was the mare’s last race and the connections wanted the best possible placing. Finally, she said, the mare kept on giving all the way down the straight.
reasonsfordecision:
Decision:
Miss Edmonds having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Miss Edmonds had received a penalty of 1 day’s suspension and a $100 fine for a breach of the same Rule at the meeting of New Zealand Metropolitan TC on 1 February last – only 8 days ago. That was a minimum penalty, Mr McIntyre submitted. Miss Edmonds would have, on average, 2 drives per meeting and, on that basis the Stewards were seeking, on this occasion, a fine of $250-300, or a 3-4 days suspension.
With a view to, possibly, imposing a suspension, the Committee, in the presence of the parties, looked at upcoming meetings at which Miss Edmonds would be likely to be driving. Miss Edmonds said that she would accept whatever penalty the Committee imposed, be it a fine or a suspension. Miss Edmonds frankly admitted that she would not be driving at either of the upcoming meetings at Invercargill on 12 February or 17 February.
reasonsforpenalty:
In determining penalty, the Committee took into account Miss Edmonds’ admission of the breach. A significant aggravating factor was the very recent breach of the same Rule. Having regard to that aggravating factor, the Committee was of the view that a term of suspension of Miss Edmonds’ licence was called for. The Committee had regard to the penalty submission of Mr McIntyre. The Committee considered that a fine of $300 would have been an appropriate monetary penalty which equates, in terms of the Penalty Guide, to a suspension for 6 drives – in Miss Edmonds’ case, 3 meetings.
penalty:
Miss Edmonds’ Open Driver’s licence was suspended from the close of racing today up to and including 22 February 2013. This is intended to incorporate three meetings – Addington on 14 February, Banks Peninsula on 15 February and Addington on 22 February.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: A D Edmonds, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 91f6ba34893572166857cd777e106bc9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d0e894e88de216ce5578606c289c54c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/02/2013
meet_title: Ashburton TC - 9 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC