Archive Decision

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Forbury Park TC 22 June 2017 – R 4 – Chair, Prof G Hall

ID: JCA11009

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr T Robertson - Driver of LADY'S LASS

Information Number:
A9563

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
denied

Meet Title:
Forbury Park TC - 22 June 2017

Meet Chair:
GHall

Race Date:
2017/06/22

Race Number:
R 4

Decision:

There were 11 strikes. The charge is thus found to be proved.

Penalty:

Mr Robertson drives infrequently. The appropriate penalty is a suspension of 2 days. Mr Robertson has requested a deferment to allow him to drive at Forbury Park on 29 June. He is suspended from the end of that meeting up to and including 13 July. This is 2 southern days.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) used his whip excessively over the final 400 metres of race 2, the PARK & EVENT FUNCTION CENTRE MOBILE PACE.

Submissions for Decision:

Mr Wallis demonstrated on the video that Mr Robertson struck LADY’S LASS 11 times in the home straight. The whip was first used after Mr Robertson had removed the removable deafeners (ear plugs). It was a quick-fire action with only a brief pause before the eleventh strike.

Mr Robertson contested the number of strikes stating that he believed the first two strikes were not in fact strikes but he was simply adjusting his whip. The strikes were only halfway down as he was trying to get sufficient momentum to be able to turn the whip in his hand, which he believed he was not able to do until after the fourth or fifth strike.

Mr Wallis in summing up questioned whether this was correct as he believed the respondent’s action did not change from the first strike to the last.

Reasons for Decision:

The Committee had the various angles of the incident replayed. The head-on, in particular, demonstrated that the respondent appeared to use the whip in the same manner each time and that the strikes were to the horse. It was accepted that the respondent was holding the whip in a different fashion to the rest for the first 4 or 5 strikes, but these were nonetheless free-hand strikes with the whip.

Submissions for Penalty:

Mr Wallis produced the respondent’s record which evidenced 30 drives last season and 28 this season to date. He said Mr Robertson was not a busy driver and he had a clear record under this rule. He said the starting point in the JCA Penalty Guide was a $500 fine or a 2-day suspension. He asked for a $300 fine.

Mr Robertson asked that the Committee consider a suspension.

Reasons for Penalty:

Having regard to the fact that the breach is low end, the starting point is reduced to a fine of $400 or its equivalent with a further reduction for good 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: 1017ccc5c1d355eadd3cc72794f32cac


informantnumber: A9563


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: denied


penaltyrequired: 1


decisiondate: 26/06/2017


hearing_title: Forbury Park TC 22 June 2017 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Robertson (LADY’S LASS) used his whip excessively over the final 400 metres of race 2, the PARK & EVENT FUNCTION CENTRE MOBILE PACE.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis demonstrated on the video that Mr Robertson struck LADY’S LASS 11 times in the home straight. The whip was first used after Mr Robertson had removed the removable deafeners (ear plugs). It was a quick-fire action with only a brief pause before the eleventh strike.

Mr Robertson contested the number of strikes stating that he believed the first two strikes were not in fact strikes but he was simply adjusting his whip. The strikes were only halfway down as he was trying to get sufficient momentum to be able to turn the whip in his hand, which he believed he was not able to do until after the fourth or fifth strike.

Mr Wallis in summing up questioned whether this was correct as he believed the respondent’s action did not change from the first strike to the last.


reasonsfordecision:

The Committee had the various angles of the incident replayed. The head-on, in particular, demonstrated that the respondent appeared to use the whip in the same manner each time and that the strikes were to the horse. It was accepted that the respondent was holding the whip in a different fashion to the rest for the first 4 or 5 strikes, but these were nonetheless free-hand strikes with the whip.


Decision:

There were 11 strikes. The charge is thus found to be proved.


sumissionsforpenalty:

Mr Wallis produced the respondent’s record which evidenced 30 drives last season and 28 this season to date. He said Mr Robertson was not a busy driver and he had a clear record under this rule. He said the starting point in the JCA Penalty Guide was a $500 fine or a 2-day suspension. He asked for a $300 fine.

Mr Robertson asked that the Committee consider a suspension.


reasonsforpenalty:

Having regard to the fact that the breach is low end, the starting point is reduced to a fine of $400 or its equivalent with a further reduction for good record.


penalty:

Mr Robertson drives infrequently. The appropriate penalty is a suspension of 2 days. Mr Robertson has requested a deferment to allow him to drive at Forbury Park on 29 June. He is suspended from the end of that meeting up to and including 13 July. This is 2 southern days.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr T Robertson - Driver of LADY'S LASS


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6366081de810d8a3268b0f3e9c9b5692


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: 0aecb96c707cb3a576bf089d00e8cf2b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/06/2017


meet_title: Forbury Park TC - 22 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC