Banks Peninsula TC 29 December 2010 – R 4
ID: JCA16961
Meet Title:
Banks Peninsula TC - 29 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2010/12/29
Race Number:
R 4
Decision:
The charge was found proved.
Penalty:
Mr Edmonds was fined the sum of $250.
Charge:
Following the running of Race 4, Copthorne Hotel Commodore 3YO+ Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr M P Edmonds, alleging a breach of Rule 869 (2) (c) in that Mr Edmonds, as the driver of FLYING HIGH in the race, “projected his whip outside the confines of the sulky in the run home”.
Facts:
Mr Edmonds had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
(b) project his whip outside the sulky or draw his whip further back than the sulky seat
Submissions for Decision:
Mr Renault showed head-on and side-on video replays of the final 300 metres of the race. He pointed out Mr Edmonds, driving FLYING HIGH, challenging wider on the track with approximately 300 metres to run. He then pointed out Mr Edmonds’ right hand, holding the whip, outside the confines of the sulky on about six occasions in the run home. Mr Renault alleged that Mr Edmonds’ whip was, clearly, projected outside the confines of the sulky on each of those occasions. That was supported by the video replays. Mr Edmonds had explained to the Stipendiary Stewards that he was intending more to show the whip to the horse than to hit it.
Reasons for Decision:
The Committee was satisfied that Mr Edmonds had projected his whip outside the confines of the sulky on the six occasions as alleged by Mr Renault. The Committee also noted that Mr Edmonds had admitted the breach.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Edmonds had had 62 drives in the current season. He was fined $200 for a breach of the Rule on 9 October 2010 at Addington. Mr Renault submitted that a fine of between $250-300 would be an appropriate penalty.
Reasons for Penalty:
In arriving at penalty, the Committee took into account, as mitigating factors, Mr Edmonds’ admission of the breach and that the breach was, in the view of the Committee, at the lower end of the scale. The Committee accepted that Mr Edmonds was, in the main, only showing the whip to the horse. It appeared that he may have actually struck the horse only once. Furthermore, the horse was clear of any other runner and there was no risk of any other runner being inconvenienced or otherwise affected.
An aggravating factor was the previous breach of the Rule in October.
The Committee was aware of a number of cases in the last 6 months (one as recently as 26 December) for admitted breaches of Rule 869 (2) (c) where the driver had a good record. The penalty in those cases had consistently been a fine of $200.
Balancing the mitigating and aggravating factors in this case, the Committee decided that a fine of $250 was 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: b9022daba53fb30019561b9937f97735
informantnumber: 69123
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Banks Peninsula TC 29 December 2010 - R 4
charge:
Following the running of Race 4, Copthorne Hotel Commodore 3YO+ Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr M P Edmonds, alleging a breach of Rule 869 (2) (c) in that Mr Edmonds, as the driver of FLYING HIGH in the race, “projected his whip outside the confines of the sulky in the run home”.
facts:
Mr Edmonds had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
(b) project his whip outside the sulky or draw his whip further back than the sulky seat
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed head-on and side-on video replays of the final 300 metres of the race. He pointed out Mr Edmonds, driving FLYING HIGH, challenging wider on the track with approximately 300 metres to run. He then pointed out Mr Edmonds’ right hand, holding the whip, outside the confines of the sulky on about six occasions in the run home. Mr Renault alleged that Mr Edmonds’ whip was, clearly, projected outside the confines of the sulky on each of those occasions. That was supported by the video replays. Mr Edmonds had explained to the Stipendiary Stewards that he was intending more to show the whip to the horse than to hit it.
reasonsfordecision:
The Committee was satisfied that Mr Edmonds had projected his whip outside the confines of the sulky on the six occasions as alleged by Mr Renault. The Committee also noted that Mr Edmonds had admitted the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Edmonds had had 62 drives in the current season. He was fined $200 for a breach of the Rule on 9 October 2010 at Addington. Mr Renault submitted that a fine of between $250-300 would be an appropriate penalty.
reasonsforpenalty:
In arriving at penalty, the Committee took into account, as mitigating factors, Mr Edmonds’ admission of the breach and that the breach was, in the view of the Committee, at the lower end of the scale. The Committee accepted that Mr Edmonds was, in the main, only showing the whip to the horse. It appeared that he may have actually struck the horse only once. Furthermore, the horse was clear of any other runner and there was no risk of any other runner being inconvenienced or otherwise affected.
An aggravating factor was the previous breach of the Rule in October.
The Committee was aware of a number of cases in the last 6 months (one as recently as 26 December) for admitted breaches of Rule 869 (2) (c) where the driver had a good record. The penalty in those cases had consistently been a fine of $200.
Balancing the mitigating and aggravating factors in this case, the Committee decided that a fine of $250 was appropriate.
penalty:
Mr Edmonds was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: SP Renault Stipendiary Steward
JockeysandTrainer: MP Edmonds Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f4127b56d8f826338c1503f0f54b5d75
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc9bbec08783477e69d3445a54b161d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2010
meet_title: Banks Peninsula TC - 29 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Banks Peninsula TC