Auckland TC 30 November 2017 – R 4 – Chair, Mr B Scott
ID: JCA17633
Meet Title:
Auckland TC - 30 November 2017
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2017/11/30
Race Number:
R4
Decision:
The Charge is upheld.
Penalty:
This Committee orders that Mr Edwards be fined $500.00.
Facts:
Following the running of the NEVELE R STUD HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay against Driver Mr B Edwards alleging that Mr Edwards used his whip excessively when driving DAUNTLESS over the concluding stages of the race.
Rule 869(2) provides: that no horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
Part (b) of the new Regulations provides: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.
There is a sliding scale of starting point penalties for 1st offences under this Regulation the appropriate one in this instance being a $500.00 fine for 17 plus strikes.
The new Regulations came into effect on the 30th of November 2017.
Mr Edwards was present and he advised the Committee that he understood the Rule, that he had received and read the new Regulations and that he did not admit the charge.
Submissions for Decision:
Mr Mulcay gave evidence using the race films and showed where after the 400 metres from the finish mark DAUNTLESS was in the trail and Mr Edwards pulled it out in the straight. He then drove it to the finish and used a vertical motion with the whip in his hand 23 times. Mr Mulcay said that Mr Edwards was using the whip in a striking motion and that it was excessive. He also said that he believed that the whip was being used on the horse's rump.
When questioned by Mr Edwards about the striking motion Mr Mulcay said that the vertical motion by Mr Edwards was clearly a striking motion and the Regulation was not just limited to a sideways motion.
Mr Edwards for his part said that he was holding his whip in his right hand and was using the reins on his horse. He said he was not hitting his horse and he did not think he was in breach of the Regulations. He did acknowledge that the last 3 strikes were with the whip.
Mr Mulcay submitted that Mr Edward's use of the whip was in a Striking Motion as envisaged by the Regulations. He also said that the Stewards believed that Mr Edwards was striking his horse and he said that the use of the whip was unacceptable as far as the Stewards were concerned. The number was excessive. He submitted that the Regulation and thereby the Rule had been breached.
Mr Edwards submitted that apart from the last 3 he did not hit his horse and he still didn't believe that he was using his whip in a striking motion but rather holding the whip upright while he used the reins on his horse.
Mr Edwards said that he accepted the new Regulation but he had said his piece about his interpretation of a striking motion.
Reasons for Decision:
The films clearly showed the incident and the number of times Mr Edwards raised his arm in a vertical motion with the whip in his hand.
This is a new Regulation which only came into force today and Drivers need to take note of the various provisions in the Regulation. Drivers need to be aware that they can breach the Rule not just by the number of times they hit the horse but now by the number of times they use the whip in a striking motion whether they hit the horse or not.
We believe that Mr Edwards has clearly used his whip in a striking motion and we also confirmed his use 23 times. We believe that Mr Edwards did hit his horse numerous times.
The use of the whip was in a striking motion and clearly Mr Edwards was in breach of the Rule and The Regulation and therefore the charge is proved.
Submissions for Penalty:
Mr Mulcay said that the new Regulation provides for a starting point penalty for 17 plus strikes to be a fine of $500.00 for a first offence.
He said that Mr Edwards had breached the Rule in February 2017 but in this instance he was happy to consider Mr Edwards as having a good record. He submitted that a fine of $500.00 was appropriate.
Mr Edwards said he accepted the level of fine submitted by Mr Mulcay.
Reasons for Penalty:
This is a new Regulation with a sliding scale of starting point penalties for a first offence. Mr Edwards has not admitted the breach but that is his right.
The aggravating feature is the number of times Mr Edwards used his whip in a striking motion. This is far in excess of the limit set by the Regulation.
We believe that we should not deviate from the starting point penalty and that a fine of $500.00 is appropriate.
JCA Decision Fields (raw)
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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: fca7267c57725564ac5155d28fa5dbc7
informantnumber: A9139
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: denied
penaltyrequired: 1
decisiondate: 04/12/2017
hearing_title: Auckland TC 30 November 2017 - R 4 - Chair, Mr B Scott
charge:
facts:
Following the running of the NEVELE R STUD HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay against Driver Mr B Edwards alleging that Mr Edwards used his whip excessively when driving DAUNTLESS over the concluding stages of the race.
Rule 869(2) provides: that no horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
Part (b) of the new Regulations provides: No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky.
There is a sliding scale of starting point penalties for 1st offences under this Regulation the appropriate one in this instance being a $500.00 fine for 17 plus strikes.
The new Regulations came into effect on the 30th of November 2017.
Mr Edwards was present and he advised the Committee that he understood the Rule, that he had received and read the new Regulations and that he did not admit the charge.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay gave evidence using the race films and showed where after the 400 metres from the finish mark DAUNTLESS was in the trail and Mr Edwards pulled it out in the straight. He then drove it to the finish and used a vertical motion with the whip in his hand 23 times. Mr Mulcay said that Mr Edwards was using the whip in a striking motion and that it was excessive. He also said that he believed that the whip was being used on the horse's rump.
When questioned by Mr Edwards about the striking motion Mr Mulcay said that the vertical motion by Mr Edwards was clearly a striking motion and the Regulation was not just limited to a sideways motion.
Mr Edwards for his part said that he was holding his whip in his right hand and was using the reins on his horse. He said he was not hitting his horse and he did not think he was in breach of the Regulations. He did acknowledge that the last 3 strikes were with the whip.
Mr Mulcay submitted that Mr Edward's use of the whip was in a Striking Motion as envisaged by the Regulations. He also said that the Stewards believed that Mr Edwards was striking his horse and he said that the use of the whip was unacceptable as far as the Stewards were concerned. The number was excessive. He submitted that the Regulation and thereby the Rule had been breached.
Mr Edwards submitted that apart from the last 3 he did not hit his horse and he still didn't believe that he was using his whip in a striking motion but rather holding the whip upright while he used the reins on his horse.
Mr Edwards said that he accepted the new Regulation but he had said his piece about his interpretation of a striking motion.
reasonsfordecision:
The films clearly showed the incident and the number of times Mr Edwards raised his arm in a vertical motion with the whip in his hand.
This is a new Regulation which only came into force today and Drivers need to take note of the various provisions in the Regulation. Drivers need to be aware that they can breach the Rule not just by the number of times they hit the horse but now by the number of times they use the whip in a striking motion whether they hit the horse or not.
We believe that Mr Edwards has clearly used his whip in a striking motion and we also confirmed his use 23 times. We believe that Mr Edwards did hit his horse numerous times.
The use of the whip was in a striking motion and clearly Mr Edwards was in breach of the Rule and The Regulation and therefore the charge is proved.
Decision:
The Charge is upheld.
sumissionsforpenalty:
Mr Mulcay said that the new Regulation provides for a starting point penalty for 17 plus strikes to be a fine of $500.00 for a first offence.
He said that Mr Edwards had breached the Rule in February 2017 but in this instance he was happy to consider Mr Edwards as having a good record. He submitted that a fine of $500.00 was appropriate.
Mr Edwards said he accepted the level of fine submitted by Mr Mulcay.
reasonsforpenalty:
This is a new Regulation with a sliding scale of starting point penalties for a first offence. Mr Edwards has not admitted the breach but that is his right.
The aggravating feature is the number of times Mr Edwards used his whip in a striking motion. This is far in excess of the limit set by the Regulation.
We believe that we should not deviate from the starting point penalty and that a fine of $500.00 is appropriate.
penalty:
This Committee orders that Mr Edwards be fined $500.00.
hearing_type: Hearing
Rules: Rule 869(2) and the Use Of Whip Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr B Edwards - Driver of DAUNTLESS
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c5061115efd6a30c92f8d29331e821a
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: fa29edafe9e062c850b436544ce472c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2017
meet_title: Auckland TC - 30 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC