Archive Decision

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Banks Peninsula TC 13 February 2015 – R 1

ID: JCA12624

Applicant:
N Ydgren-Stipendiary Steward

Respondent(s):
A Edge- Advanced Amateur Horseman

Information Number:
A1462

Hearing Type:
Hearing

New Charge:
Breach of Rule 869(2)(a)-excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 13 February 2015

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2015/02/13

Race Number:
R1

Decision:

As Mr Edge had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Edge was fined the sum of $200.

Facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB Tavern Harewood Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr A Edge alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a)Use his whip in an unnecessary, excessive or improper manner.”

Mr Edge had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and used video coverage to show that Mr Edge driving BILLY JACK, was racing 3 wide in the clear near the 200m, when he drew the whip and used it continuously on 26 occasions in the run home. Mr Ydgren stated that the majority of strikes were on the sulky not the horse but added that under the Whip Guidelines, Stewards deem “use of the whip’ as on the sulky or dust sheet. Mr Ydgren submitted that the level of offending could be described as mid-range due to the number of strikes and the continuous use of the whip without pauses or alternative actions.

Submissions for Penalty:

In relation to penalty Mr Ydgren stated that Mr Edge had admitted the breach at the first opportunity and that he had a clear record in regard to this Rule. Mr Ydgren stated that the JCA Penalty Guidelines for a breach of this Rule was a fine of $300 or a suspension of 6 drives and submitted that a fine of $200 be considered as penalty in this case.

Reasons for Penalty:

In determining penalty we used the starting point of $300 as recommended in the JCA Penalty Guidelines for a breach of the Rule. In mitigation we were able to give Mr Edge a discount of $50 for his ready admission of the breach and a further discount of $50 for his clear record. We therefore decided that a fine of $200 was an appropriate penalty on this occasion.

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: 40be9094cba83754685a8f0dc9d1371b


informantnumber: A1462


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 869(2)(a)-excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 11/02/2015


hearing_title: Banks Peninsula TC 13 February 2015 - R 1


charge:


facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB Tavern Harewood Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr A Edge alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the run home.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a)Use his whip in an unnecessary, excessive or improper manner.”

Mr Edge had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and used video coverage to show that Mr Edge driving BILLY JACK, was racing 3 wide in the clear near the 200m, when he drew the whip and used it continuously on 26 occasions in the run home. Mr Ydgren stated that the majority of strikes were on the sulky not the horse but added that under the Whip Guidelines, Stewards deem “use of the whip’ as on the sulky or dust sheet. Mr Ydgren submitted that the level of offending could be described as mid-range due to the number of strikes and the continuous use of the whip without pauses or alternative actions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Edge had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Ydgren stated that Mr Edge had admitted the breach at the first opportunity and that he had a clear record in regard to this Rule. Mr Ydgren stated that the JCA Penalty Guidelines for a breach of this Rule was a fine of $300 or a suspension of 6 drives and submitted that a fine of $200 be considered as penalty in this case.


reasonsforpenalty:

In determining penalty we used the starting point of $300 as recommended in the JCA Penalty Guidelines for a breach of the Rule. In mitigation we were able to give Mr Edge a discount of $50 for his ready admission of the breach and a further discount of $50 for his clear record. We therefore decided that a fine of $200 was an appropriate penalty on this occasion.


penalty:

Mr Edge was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: N Ydgren-Stipendiary Steward


JockeysandTrainer: A Edge- Advanced Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 972f60544cd6774112638560196569fb


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: fac8b841172609be38c6d109bb553fb1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/02/2015


meet_title: Banks Peninsula TC - 13 February 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula TC