Franklin TC 5 March 2013 – R 4
ID: JCA12393
Meet Title:
Franklin TC - 5 March 2013
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2013/03/05
Race Number:
R4
Decision:
The Committee finds the charge proved.
Penalty:
The Committee imposes a fine of $200.00 on Mr Brownlee.
Charge:
Breach of Rule 869(2)(a) Excessive use of the Whip.
Facts:
An Information was lodged by Stipendiary Steward Miss P Kinsey against Amateur Horseman Mr J Brownlee alleging that Mr Brownlee used his whip excessively when driving Anvil Justice in the run home.
Mr Brownlee was present and advised the Committee that he did not admit the charge.
The Rule was read to Mr Brownlee as was the definition of "excessive use" as set out in the Whip Guidelines. Mr Brownlee acknowledged that he understood the Rule and the Guidelines.
Miss Kinsey demonstrated the incident by use of the video films. She pointed out where Mr Brownlee was situated at the home turn and where he was in the run home. She pointed out his use of the whip and said that Mr Brownlee used his whip 26 times on his horse and that the use was continuous. She said that the Stewards considered that to be excessive.
Mr Brownlee asked Miss Kinsey if she thought that he was making contact with his horse every time that he was waving the whip and Miss Kinsey replied that she thought he was making contact.
Mr Brownlee said he did hit his horse when he turned for home but he said that half way down the straight he stopped using the whip. He was holding a rein in each hand and as a result when he waved slapped his horse with the reins the whip went up and down in that action. He did say that it looked bad because of how he was holding the whip. He said his horse gives of its best and when he realised he wasn't doing any better he stopped using the whip and only flicked the reins.
The Committee asked Mr Brownlee to show on the films where he stopped using the whip. He pointed out the position which was about at the 50 metres mark.
Miss Kinsey had no questions of Mr Brownlee.
Submissions for Decision:
Miss Kinsey in summary said that Mr Brownlee had not changed his action at all in the straight and as far as the Stewards were concerned the number of strikes and the fact that they were continuous was excessive.
Mr Brownlee said he didn't hit his horse 26 times and he again said he was only flicking it with the reins.
Reasons for Decision:
The Committee listened to the evidence and viewed the films a number of times. Mr Brownlee has an unfortunate whip action in that he holds a rein in each hand and holds the whip upright in his right hand. The result is that when he slaps his horse with the reins the whip is seen to go up and down in a normal whip action.
The Committee counted the number of strikes up to the point that Mr Brownlee said he stopped hitting his horse. The Committee counted 23 continuous strikes and that is excessive. He also struck his horse once on the line.
Submissions for Penalty:
Miss Kinsey said that Mr Brownlee had a good record but that the use of the whip was in the mid to high range. She submitted that a fine of $250.00 was appropriate.
Mr Brownlee said he didn't knock his horse around and that he would appreciate a lesser penalty.
Reasons for Penalty:
The Committee takes the view that the number of strikes is in the high range and this is an aggravating factor. The Committee views the severity of those strikes as being in the mid to low range. The Committee is aware that Mr Brownlee did not beat his horse particularly as he was holding a rein in each hand but it did not look good. Drivers need to be aware of how their use of the whip is perceived by members of the Public.
The Committee strongly recommended to Mr Brownlee that he changes his whip action and he has undertaken to do so straight away.
The Committee pointed out to Mr Brownlee that the JCA Guidelines provide for a starting point penalty of suspension for 6 drives or a $400.00.
In assessing an appropriate penalty the Committee has checked previous penalties for amateur Drivers and these ranged from $150.00 to $400.00. Mr Brownlee has a good record and this is a mitigating factor as is the fact that he is a Amateur Driver and that he has undertaken to immediately change his whip action.
The Committee believes that a fine in the order of $200.00 is appropriate.
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: 574f99cb7bd759526df8bd779d7bc7f3
informantnumber: A4635
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 19/02/2013
hearing_title: Franklin TC 5 March 2013 - R 4
charge:
Breach of Rule 869(2)(a) Excessive use of the Whip.
facts:
An Information was lodged by Stipendiary Steward Miss P Kinsey against Amateur Horseman Mr J Brownlee alleging that Mr Brownlee used his whip excessively when driving Anvil Justice in the run home.
Mr Brownlee was present and advised the Committee that he did not admit the charge.
The Rule was read to Mr Brownlee as was the definition of "excessive use" as set out in the Whip Guidelines. Mr Brownlee acknowledged that he understood the Rule and the Guidelines.
Miss Kinsey demonstrated the incident by use of the video films. She pointed out where Mr Brownlee was situated at the home turn and where he was in the run home. She pointed out his use of the whip and said that Mr Brownlee used his whip 26 times on his horse and that the use was continuous. She said that the Stewards considered that to be excessive.
Mr Brownlee asked Miss Kinsey if she thought that he was making contact with his horse every time that he was waving the whip and Miss Kinsey replied that she thought he was making contact.
Mr Brownlee said he did hit his horse when he turned for home but he said that half way down the straight he stopped using the whip. He was holding a rein in each hand and as a result when he waved slapped his horse with the reins the whip went up and down in that action. He did say that it looked bad because of how he was holding the whip. He said his horse gives of its best and when he realised he wasn't doing any better he stopped using the whip and only flicked the reins.
The Committee asked Mr Brownlee to show on the films where he stopped using the whip. He pointed out the position which was about at the 50 metres mark.
Miss Kinsey had no questions of Mr Brownlee.
appealdecision:
isappeal:
submissionsfordecision:
Miss Kinsey in summary said that Mr Brownlee had not changed his action at all in the straight and as far as the Stewards were concerned the number of strikes and the fact that they were continuous was excessive.
Mr Brownlee said he didn't hit his horse 26 times and he again said he was only flicking it with the reins.
reasonsfordecision:
The Committee listened to the evidence and viewed the films a number of times. Mr Brownlee has an unfortunate whip action in that he holds a rein in each hand and holds the whip upright in his right hand. The result is that when he slaps his horse with the reins the whip is seen to go up and down in a normal whip action.
The Committee counted the number of strikes up to the point that Mr Brownlee said he stopped hitting his horse. The Committee counted 23 continuous strikes and that is excessive. He also struck his horse once on the line.
Decision:
The Committee finds the charge proved.
sumissionsforpenalty:
Miss Kinsey said that Mr Brownlee had a good record but that the use of the whip was in the mid to high range. She submitted that a fine of $250.00 was appropriate.
Mr Brownlee said he didn't knock his horse around and that he would appreciate a lesser penalty.
reasonsforpenalty:
The Committee takes the view that the number of strikes is in the high range and this is an aggravating factor. The Committee views the severity of those strikes as being in the mid to low range. The Committee is aware that Mr Brownlee did not beat his horse particularly as he was holding a rein in each hand but it did not look good. Drivers need to be aware of how their use of the whip is perceived by members of the Public.
The Committee strongly recommended to Mr Brownlee that he changes his whip action and he has undertaken to do so straight away.
The Committee pointed out to Mr Brownlee that the JCA Guidelines provide for a starting point penalty of suspension for 6 drives or a $400.00.
In assessing an appropriate penalty the Committee has checked previous penalties for amateur Drivers and these ranged from $150.00 to $400.00. Mr Brownlee has a good record and this is a mitigating factor as is the fact that he is a Amateur Driver and that he has undertaken to immediately change his whip action.
The Committee believes that a fine in the order of $200.00 is appropriate.
penalty:
The Committee imposes a fine of $200.00 on Mr Brownlee.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Miss P Kinsey - Stipendiary Steward
JockeysandTrainer: Mr J Brownlee - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f634c664d80c05d548fa56bcc1b24817
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: b4f916e70346ac44967a4013174372dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2013
meet_title: Franklin TC - 5 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC