Archive Decision

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Auckland TC 31 December 2016 – R 4 – Chair, Mr A Dooley

ID: JCA16263

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr T Macfarlane - Licensed Open Horseman

Information Number:
A8341

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Auckland TC - 31 December 2016

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2016/12/31

Race Number:
R4

Decision:

As Mr Macfarlane has admitted the breach we find the charge proved.

Penalty:

Mr Macfarlane was fined the sum of $400.

Facts:

Following the running of Race 4, Crombie Lockwood Mobile Pace 2200 metres, an Information was filed by Chief Stipendiary Steward, Mr Ydgren. He alleged that Open Horseman, Mr T Macfarlane, used his whip excessively over the final stages.

Mr Macfarlane admitted the breach and confirmed he understood the Rule.

Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Ydgren identified on the video footage that Mr Macfarlane struck KAITLYN 13 times free of the rein over the final 200 metres.

Mr Macfarlane acknowledged that he struck KAITLYN 13 times but stated they were flicks and not stingers. He said the breach was an error of judgement on his part.

Submissions for Penalty:

Mr Ydgren said that Mr Macfarlane admitted the breach and he had an exemplary record. He said the JCA Penalty Guide recommends a $500 fine or a 2 day suspension. He stated the strikes were not forceful and submitted a fine in the $350 to $400 range.

Mr Macfarlane asked the Committee to take into account his clear record, the breach was at the low end of the scale and his admission of the breach.

Reasons for Penalty:

The Committee carefully considered the evidence and submissions presented. The mitigating factors were Mr Macfarlane’s admission of the breach and his clear record under this Rule. We accept that Mr Macfarlane struck KAITLYN 13 times and we deem the strikes were without any undue force.

The JCA Penalty Guide has a starting point of a $500 fine and the Committee gave a $50 allowance for his admission of the breach and a $50 allowance for his clear record.

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: d1b1c90d9649d75053458b13afa603bf


informantnumber: A8341


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2016


hearing_title: Auckland TC 31 December 2016 - R 4 - Chair, Mr A Dooley


charge:


facts:

Following the running of Race 4, Crombie Lockwood Mobile Pace 2200 metres, an Information was filed by Chief Stipendiary Steward, Mr Ydgren. He alleged that Open Horseman, Mr T Macfarlane, used his whip excessively over the final stages.

Mr Macfarlane admitted the breach and confirmed he understood the Rule.

Rule 869(2) (a) provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Ydgren identified on the video footage that Mr Macfarlane struck KAITLYN 13 times free of the rein over the final 200 metres.

Mr Macfarlane acknowledged that he struck KAITLYN 13 times but stated they were flicks and not stingers. He said the breach was an error of judgement on his part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Macfarlane has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Ydgren said that Mr Macfarlane admitted the breach and he had an exemplary record. He said the JCA Penalty Guide recommends a $500 fine or a 2 day suspension. He stated the strikes were not forceful and submitted a fine in the $350 to $400 range.

Mr Macfarlane asked the Committee to take into account his clear record, the breach was at the low end of the scale and his admission of the breach.


reasonsforpenalty:

The Committee carefully considered the evidence and submissions presented. The mitigating factors were Mr Macfarlane’s admission of the breach and his clear record under this Rule. We accept that Mr Macfarlane struck KAITLYN 13 times and we deem the strikes were without any undue force.

The JCA Penalty Guide has a starting point of a $500 fine and the Committee gave a $50 allowance for his admission of the breach and a $50 allowance for his clear record.


penalty:

Mr Macfarlane was fined the sum of $400.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr T Macfarlane - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a08903697995c5495cf84ef352853331


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: 06876fc3f35fca35b6037c10b1199875


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/12/2016


meet_title: Auckland TC - 31 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Auckland TC