Geraldine TC 2 February 2013 – R 10
ID: JCA14346
Meet Title:
Geraldine TC - 2 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/02/02
Race Number:
R1
Decision:
On resuming the hearing we advised the parties that a written decision with full reasons would be provided later. We gave brief reasons for our decision and advised that we found that the charge had been proved.
Penalty:
Mrs Tomlinson’s Open Horsewoman’s licence was suspended from after the completion of racing on 6 February 2013 until after the completion of racing on 10 February 2013. This amounts to a two day suspension, the days being the Ashburton Trotting Club’s meeting on 9 February 2013 and the Waikouaiti Trotting Club’s meeting on 10 February 2013.
Charge:
Alleged excessive use of the whip
Facts:
Following the running of Race 10, the Village Inn Geraldine Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horsewoman Mrs A. J. Tomlinson alleging a breach of Rule 869(2)(a) in that she used her whip excessively when driving “Fortunately” (8).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip on Fortunately in a manner which in the opinion of the Stewards was excessive.”
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.”
Mrs Tomlinson had indicated on the Information that this breach of the Rules was not admitted, and she confirmed this at the hearing. Mrs Tomlinson also agreed that she understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mrs Tomlinson had used her whip on a few occasions on entering the home straight, and that these strikes had not been taken into account in relation to this charge. Shortly after this Mrs Tomlinson had used her whip on 18 occasions, and continuously, up to the finish of the race.
Mr Renault explained that use of the whip on less than 20 occasions would only attract a charge where that use was either continuous or breached the “Use of Whip” guidelines in some other way. On this occasion, Mr Renault submitted, the use was continuous and therefore in breach of the guidelines, and he read the relevant parts of the guidelines at the hearing.
Mrs Tomlinson did not dispute the number of times she had used her whip, but said that the strikes were not forceful. Mrs Tomlinson also said that she had been spoken to after Race 6 and advised to be “more forceful” at the end of the race. After discussions about this point we were satisfied that the Stipendiary Stewards were not suggesting that Mrs Tomlinson should have used her whip more on that occasion.
We adjourned to consider our decision.
Reasons for Decision:
Mrs Tomlinson said that she was aware of and did understand the “Use of Whip” guidelines. These guidelines provide as follows:
“Stewards deem the “use of the whip” throughout the race as listed below;
• Free of the rein
• On the horse itself
• On the sulky or dust sheet
• Back handers
869(2)(a) Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
At no stage of the race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested following alternative actions;
• Running the reins over the horse’s rump
• Running the whip through the horses tail
• Holding the whip on the horse’s tail or rump
• A rein in each hand while using the whip – not continuous”
After considering the evidence and the video coverage we were satisfied that 18 strikes with the whip without any distinct pauses was clearly in breach of the “Use of Whip” guidelines. We were satisfied that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mrs Tomlinson had not previously breached this Rule, and that the Penalty Guide recommended a starting point of 6 drives or a fine of $300-00 for breach of this Rule. Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mrs Tomlinson made submissions that she would prefer a suspension to a fine. It was established that Mrs Tomlinson has confirmed drives at the Amberley Trotting Club’s race meeting at Rangiora on 6 February 2013 and that she wished to delay the start of the suspension until after that race meeting; see Rule 1304(1)(b)(i).
Mr Renault agreed that a suspension instead of a fine was acceptable, and submitted that two days suspension should be imposed. Mrs Tomlinson did not contest this submission.
Reasons for Penalty:
After considering the submissions on penalty we took into account that Mrs Tomlinson had not previously breached this Rule. We were satisfied that in the circumstances a two day suspension would be imposed in this case.
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: 78bab6fdab119471a20e5cf20263a0bf
informantnumber: A1970
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Geraldine TC 2 February 2013 - R 10
charge:
Alleged excessive use of the whip
facts:
Following the running of Race 10, the Village Inn Geraldine Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horsewoman Mrs A. J. Tomlinson alleging a breach of Rule 869(2)(a) in that she used her whip excessively when driving “Fortunately” (8).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip on Fortunately in a manner which in the opinion of the Stewards was excessive.”
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.”
Mrs Tomlinson had indicated on the Information that this breach of the Rules was not admitted, and she confirmed this at the hearing. Mrs Tomlinson also agreed that she understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mrs Tomlinson had used her whip on a few occasions on entering the home straight, and that these strikes had not been taken into account in relation to this charge. Shortly after this Mrs Tomlinson had used her whip on 18 occasions, and continuously, up to the finish of the race.
Mr Renault explained that use of the whip on less than 20 occasions would only attract a charge where that use was either continuous or breached the “Use of Whip” guidelines in some other way. On this occasion, Mr Renault submitted, the use was continuous and therefore in breach of the guidelines, and he read the relevant parts of the guidelines at the hearing.
Mrs Tomlinson did not dispute the number of times she had used her whip, but said that the strikes were not forceful. Mrs Tomlinson also said that she had been spoken to after Race 6 and advised to be “more forceful” at the end of the race. After discussions about this point we were satisfied that the Stipendiary Stewards were not suggesting that Mrs Tomlinson should have used her whip more on that occasion.
We adjourned to consider our decision.
reasonsfordecision:
Mrs Tomlinson said that she was aware of and did understand the “Use of Whip” guidelines. These guidelines provide as follows:
“Stewards deem the “use of the whip” throughout the race as listed below;
• Free of the rein
• On the horse itself
• On the sulky or dust sheet
• Back handers
869(2)(a) Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
At no stage of the race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used. The horseman shall interrupt the use of his/her whip by using any of the suggested following alternative actions;
• Running the reins over the horse’s rump
• Running the whip through the horses tail
• Holding the whip on the horse’s tail or rump
• A rein in each hand while using the whip – not continuous”
After considering the evidence and the video coverage we were satisfied that 18 strikes with the whip without any distinct pauses was clearly in breach of the “Use of Whip” guidelines. We were satisfied that the charge had been proved.
Decision:
On resuming the hearing we advised the parties that a written decision with full reasons would be provided later. We gave brief reasons for our decision and advised that we found that the charge had been proved.
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mrs Tomlinson had not previously breached this Rule, and that the Penalty Guide recommended a starting point of 6 drives or a fine of $300-00 for breach of this Rule. Mr Renault submitted that a fine of $200-00 should be imposed in this case.
Mrs Tomlinson made submissions that she would prefer a suspension to a fine. It was established that Mrs Tomlinson has confirmed drives at the Amberley Trotting Club’s race meeting at Rangiora on 6 February 2013 and that she wished to delay the start of the suspension until after that race meeting; see Rule 1304(1)(b)(i).
Mr Renault agreed that a suspension instead of a fine was acceptable, and submitted that two days suspension should be imposed. Mrs Tomlinson did not contest this submission.
reasonsforpenalty:
After considering the submissions on penalty we took into account that Mrs Tomlinson had not previously breached this Rule. We were satisfied that in the circumstances a two day suspension would be imposed in this case.
penalty:
Mrs Tomlinson’s Open Horsewoman’s licence was suspended from after the completion of racing on 6 February 2013 until after the completion of racing on 10 February 2013. This amounts to a two day suspension, the days being the Ashburton Trotting Club’s meeting on 9 February 2013 and the Waikouaiti Trotting Club’s meeting on 10 February 2013.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mrs A. J. Tomlinson - Open Horsewoman
Otherperson: Mr K. B. Ford -Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a2fbd43b3b7104146f8d7229dd14c95
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: 705a9a4c0c6c2a2744a16ff7a7f46682
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meetdate: 02/02/2013
meet_title: Geraldine TC - 2 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC