Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Geraldine TC 24 November 2018 – R 4 – Chair, Mr R McKenzie

ID: JCA13939

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
S J Adlam, Licensed Open Driver

Information Number:
A10872

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)& Use of the Whip Regulation

Plea:
admitted

Meet Title:
Geraldine TC - 24 November 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
HWeston

Race Date:
2018/11/24

Race Number:
R4

Decision:

Mr Adlam having admitted the breach, the charge was found proved.

Penalty:

Mr Adlam is fined the sum of $200.

Facts:

Following the running of Race 4, Linton Distributors Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S J Adlam, alleging that, as the driver of TO RI CAITLIN in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.

Mr Adlam had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also elected 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 use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is  inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out TO RI CAITLIN, driven by Mr Adlam, leading the field at that point. Stewards had counted 12 times that Mr Adlam had used his whip from that point to the finishing line, Mr Renault said. The Committee agreed with the alleged count from its observation of the video replay. Mr Renault said the problem was that Mr Adlam had commenced using the whip early, just passing the 400 metres. Mr Adlam had explained to Stewards that he had used the whip on the sulky shaft on several occasions and did not realise that strikes on the sulky were included in the count.

Submissions for Penalty:

Mr Renault told the Committee that Mr Adlam had three drives last season and today’s drive was his first this season. Prior to that, his last drive was in the 2014/2015 season. Mr Renault said that he had explained to Mr Adlam the sliding scale Penalty Guide in the Regulation which Mr Adlam understood, he said. Mr Adlam had no penalty submission that he wished to be advanced before the Committee.

Stewards were submitting that the penalty should be in terms of the Penalty Guide – that is to say, a fine of $200 – Mr Renault said.

Reasons for Penalty:

There were 12 clear strikes with the whip inside the final 400 metres by Mr Adlam, and the Committee saw no reason to depart from the Penalty Guide sliding scale for a number of strikes in the 11-13 range of a $200 fine. There were no aggravating or mitigating factors to be taken into account.

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: 831e41b2f42a51897b591818cd59379d


informantnumber: A10872


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 27/11/2018


hearing_title: Geraldine TC 24 November 2018 - R 4 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, Linton Distributors Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S J Adlam, alleging that, as the driver of TO RI CAITLIN in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.

Mr Adlam had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also elected 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 use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is  inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out TO RI CAITLIN, driven by Mr Adlam, leading the field at that point. Stewards had counted 12 times that Mr Adlam had used his whip from that point to the finishing line, Mr Renault said. The Committee agreed with the alleged count from its observation of the video replay. Mr Renault said the problem was that Mr Adlam had commenced using the whip early, just passing the 400 metres. Mr Adlam had explained to Stewards that he had used the whip on the sulky shaft on several occasions and did not realise that strikes on the sulky were included in the count.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Adlam having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Renault told the Committee that Mr Adlam had three drives last season and today’s drive was his first this season. Prior to that, his last drive was in the 2014/2015 season. Mr Renault said that he had explained to Mr Adlam the sliding scale Penalty Guide in the Regulation which Mr Adlam understood, he said. Mr Adlam had no penalty submission that he wished to be advanced before the Committee.

Stewards were submitting that the penalty should be in terms of the Penalty Guide – that is to say, a fine of $200 – Mr Renault said.


reasonsforpenalty:

There were 12 clear strikes with the whip inside the final 400 metres by Mr Adlam, and the Committee saw no reason to depart from the Penalty Guide sliding scale for a number of strikes in the 11-13 range of a $200 fine. There were no aggravating or mitigating factors to be taken into account.


penalty:

Mr Adlam is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)& Use of the Whip Regulation


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: S J Adlam, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5d0942f671770792d4a38f26084c67e3


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: bae5fba54b6dc98e9e48f61113336be4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/11/2018


meet_title: Geraldine TC - 24 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: HWeston


meet_pm2: none


name: Geraldine TC