Geraldine TC 30 November 2013 – R 1
ID: JCA18027
Meet Title:
Geraldine TC - 30 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/30
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr Perkins was fined the sum of $300.
Facts:
Following the running of Race 1, the Sim’s Bakery Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Graduation Horseman Mr N Perkins, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages driving STARVIEW SOUL.
The information 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 in an excessive manner over the concluding stages”.
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.”
Mr Perkins confirmed to the Committee that this breach of the Rules was admitted and that he understood the rule he was being charged with.
Mr Quirk gave evidence and used video coverage to show that Mr Perkins driving STARVIEW SOUL, when in contention, used his whip on 23 to 24 occasions from near the 220m. Mr Quirk submitted that not all the strikes were on the horse, with a number being on the sulky shaft. This, he stated, was still outside the use of whip guidelines. Mr Quirk also submitted that the breach was low to mid-level.
Mr Perkins submitted that the breach was at the lower level. He stated that STARVIEW SOUL was a lazy horse and needed “chasing up” to get the best out of her. He also stated that the breach looked worse because he had to reach out to use the whip as the sulky had been extended due to the size of the mare.
Submissions for Penalty:
In relation to penalty Mr Quirk advised that Mr Perkins had admitted the breach at the first opportunity but had previously breached this Rule once over the last 12 months, being 10 March 2013 at Westport where he received a 6 week suspension. He stated that Mr Perkins had driven on 2 occasions last season and 2 drives so far this season since his suspension. Mr Quirk submitted that a fine of $300 or a suspension of 6 days be considered.
Mr Perkins submitted again that the breach was at the lower end and that he would prefer a fine as penalty.
Reasons for Penalty:
In determining penalty we took into consideration that Mr Perkins had admitted the breach at the earliest opportunity and that the breach was in the low to mid-level range. We also took into account that this was the second breach under this Rule within the last 12 months as well as the fact that Mr Perkins only drives on occasion. After researching other penalties imposed for similar breaches of this rule we decided that a fine of $300 was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: e44db5c183b20121bbfe03b903cfa437
informantnumber: A1650
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: Geraldine TC 30 November 2013 - R 1
charge:
facts:
Following the running of Race 1, the Sim’s Bakery Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Graduation Horseman Mr N Perkins, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages driving STARVIEW SOUL.
The information 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 in an excessive manner over the concluding stages”.
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.”
Mr Perkins confirmed to the Committee that this breach of the Rules was admitted and that he understood the rule he was being charged with.
Mr Quirk gave evidence and used video coverage to show that Mr Perkins driving STARVIEW SOUL, when in contention, used his whip on 23 to 24 occasions from near the 220m. Mr Quirk submitted that not all the strikes were on the horse, with a number being on the sulky shaft. This, he stated, was still outside the use of whip guidelines. Mr Quirk also submitted that the breach was low to mid-level.
Mr Perkins submitted that the breach was at the lower level. He stated that STARVIEW SOUL was a lazy horse and needed “chasing up” to get the best out of her. He also stated that the breach looked worse because he had to reach out to use the whip as the sulky had been extended due to the size of the mare.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Quirk advised that Mr Perkins had admitted the breach at the first opportunity but had previously breached this Rule once over the last 12 months, being 10 March 2013 at Westport where he received a 6 week suspension. He stated that Mr Perkins had driven on 2 occasions last season and 2 drives so far this season since his suspension. Mr Quirk submitted that a fine of $300 or a suspension of 6 days be considered.
Mr Perkins submitted again that the breach was at the lower end and that he would prefer a fine as penalty.
reasonsforpenalty:
In determining penalty we took into consideration that Mr Perkins had admitted the breach at the earliest opportunity and that the breach was in the low to mid-level range. We also took into account that this was the second breach under this Rule within the last 12 months as well as the fact that Mr Perkins only drives on occasion. After researching other penalties imposed for similar breaches of this rule we decided that a fine of $300 was an appropriate penalty in this case.
penalty:
Mr Perkins was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: R Quirk-Stipendiary Steward
JockeysandTrainer: N Perkins-Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bde8dac054486fbae50cc2a3c9bcd9f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d01de49f45020d640de0a8408c3ca09f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2013
meet_title: Geraldine TC - 30 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC