Banks Peninsula TC 29 September 2013 – R 10 (heard on 6 October 2013 at Methven)
ID: JCA17208
Meet Title:
Banks Peninsula TC - 29 September 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/09/29
Race Number:
R 10
Decision:
Mr Soal having admitted the breach, the charge was found proved.
Penalty:
Mr Soal was fined the sum of $150.
Charge:
Alleged breach of Rule 869(2)(a).
Facts:
Following the running of Race 10, Christian Cullen Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr A W Soal, alleging that Mr Soal, as the driver of KILLAWATT in the race, “used his whip in an improper manner by striking KILLAWATT with it while not having both feet in the sulky footrest”.
The information was served on Mr Soal following the race. He indicated in the Statement by the Respondent at the foot of the information form that he admitted the breach. He also endorsed and signed the information form to the effect that he did not wish to be present at the hearing of the information.
The information was heard at the meeting of Methven Trotting Club on 6th October 2013.
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 Ydgren showed video replays of the final stages of the race. He pointed out Mr Soal, driving KILLAWATT, towards the rear of the field. He then showed that, shortly after Mr Soal had worked the horse into the clear, his left foot slipped from the sulky footrest. He struck the horse three times with the whip while his foot was down, Mr Ydgren alleged.
Mr Ydgren said that the Stewards do not have an issue with a driver whose foot slips from the footrest as long as he makes an immediate attempt to replace it. However, Stewards do not tolerate a driver with his foot out of the rest using his whip – it allows a driver to use more force in hitting the horse, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren submitted that an appropriate penalty was a fine of $100. Mr Soal had a clear record under the Rule. He had only struck the horse three times and it was a less serious breach than using the whip excessively, Mr Ydgren submitted.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Mr Soal was entitled to a discount from that starting point for his admission of the breach and his previous good record. Furthermore, he had only struck the horse three times. The Committee saw it as a relatively minor breach of the whip Rule.
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: e97e96204c1c42acbd9cd99ce1fa355c
informantnumber: A1627
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Banks Peninsula TC 29 September 2013 - R 10 (heard on 6 October 2013 at Methven)
charge:
Alleged breach of Rule 869(2)(a).
facts:
Following the running of Race 10, Christian Cullen Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr A W Soal, alleging that Mr Soal, as the driver of KILLAWATT in the race, “used his whip in an improper manner by striking KILLAWATT with it while not having both feet in the sulky footrest”.
The information was served on Mr Soal following the race. He indicated in the Statement by the Respondent at the foot of the information form that he admitted the breach. He also endorsed and signed the information form to the effect that he did not wish to be present at the hearing of the information.
The information was heard at the meeting of Methven Trotting Club on 6th October 2013.
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 Ydgren showed video replays of the final stages of the race. He pointed out Mr Soal, driving KILLAWATT, towards the rear of the field. He then showed that, shortly after Mr Soal had worked the horse into the clear, his left foot slipped from the sulky footrest. He struck the horse three times with the whip while his foot was down, Mr Ydgren alleged.
Mr Ydgren said that the Stewards do not have an issue with a driver whose foot slips from the footrest as long as he makes an immediate attempt to replace it. However, Stewards do not tolerate a driver with his foot out of the rest using his whip – it allows a driver to use more force in hitting the horse, Mr Ydgren said.
reasonsfordecision:
Decision:
Mr Soal having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that an appropriate penalty was a fine of $100. Mr Soal had a clear record under the Rule. He had only struck the horse three times and it was a less serious breach than using the whip excessively, Mr Ydgren submitted.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Mr Soal was entitled to a discount from that starting point for his admission of the breach and his previous good record. Furthermore, he had only struck the horse three times. The Committee saw it as a relatively minor breach of the whip Rule.
penalty:
Mr Soal was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr A W Soal - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: df2849600f2e62e52e61f0de2c1a2c5b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4a14364d39db467fe34fa38d30541bed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2013
meet_title: Banks Peninsula TC - 29 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC