Geraldine TC 30 November 2013 – R 10
ID: JCA11482
Meet Title:
Geraldine TC - 30 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/30
Race Number:
R10
Decision:
The charge was found to be proved.
Penalty:
Mr Close was fined the sum of $300.
Facts:
Following the running of Race 10, the Lynn River Handicap Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Junior Horseman Mr R Close, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages driving DONALDSON.
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 excessively over the concluding stages when driving DONALDSON”.
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.”
As Mr Close was a Junior Horseman, he was assisted at the hearing by Open Horseman, Mr CD Thornley. Mr Close 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 Close driving DONALDSON was 3 back on the pylons nearing the home turn. He said that Mr Close drew his whip near the 400m and used his whip on 22 to 24 occasions over the concluding stages. Mr Quirk submitted that the Stewards were not concerned about the force used but the sheer number of strikes was the issue. He said that the breach was at the lower to mid-range.
Mr Thornley, submitted on behalf of Mr Close, that the breach was at the lower level. He stated that the first few strikes were light with pauses but conceded the number was the issue. He said that DONALDSON was running on strongly over the final stages and only finished a head away from 2nd place. He also said the home straight was long, which was an issue for drivers with use of the whip.
Submissions for Penalty:
In relation to penalty Mr Quirk advised that Mr Close had admitted the breach at the first opportunity but had previously breached this Rule twice over the last 12 months, being 20 January at Kapiti and 5 May at Ashburton where he was fined $200 and $250 respectively. He stated that Mr Close was a busy Junior Horseman and had driven on 247 occasions last season with 54 drives so far this season. Mr Quirk submitted that a fine of between $250 and $300 be considered.
Mr Thornley submitted that Mr Close had been working hard to improve his whip style since his last breach and stated that the breach was at the lower end with the number of strikes being just over the limit. He also submitted that a minimal fine be considered as penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Close was a Junior Horseman, 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 he had 2 previous breaches over the past 12 months. Taking into consideration all mitigating and aggravating factors we determined 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: 1d6feca2734498a98719adcf99c05df1
informantnumber: A2435
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 10
charge:
facts:
Following the running of Race 10, the Lynn River Handicap Trot, an Information was filed by Stipendiary Steward Mr R Quirk against Junior Horseman Mr R Close, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages driving DONALDSON.
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 excessively over the concluding stages when driving DONALDSON”.
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.”
As Mr Close was a Junior Horseman, he was assisted at the hearing by Open Horseman, Mr CD Thornley. Mr Close 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 Close driving DONALDSON was 3 back on the pylons nearing the home turn. He said that Mr Close drew his whip near the 400m and used his whip on 22 to 24 occasions over the concluding stages. Mr Quirk submitted that the Stewards were not concerned about the force used but the sheer number of strikes was the issue. He said that the breach was at the lower to mid-range.
Mr Thornley, submitted on behalf of Mr Close, that the breach was at the lower level. He stated that the first few strikes were light with pauses but conceded the number was the issue. He said that DONALDSON was running on strongly over the final stages and only finished a head away from 2nd place. He also said the home straight was long, which was an issue for drivers with use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Quirk advised that Mr Close had admitted the breach at the first opportunity but had previously breached this Rule twice over the last 12 months, being 20 January at Kapiti and 5 May at Ashburton where he was fined $200 and $250 respectively. He stated that Mr Close was a busy Junior Horseman and had driven on 247 occasions last season with 54 drives so far this season. Mr Quirk submitted that a fine of between $250 and $300 be considered.
Mr Thornley submitted that Mr Close had been working hard to improve his whip style since his last breach and stated that the breach was at the lower end with the number of strikes being just over the limit. He also submitted that a minimal fine be considered as penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Close was a Junior Horseman, 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 he had 2 previous breaches over the past 12 months. Taking into consideration all mitigating and aggravating factors we determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Mr Close was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: R Quirk-Stipendiary Steward
JockeysandTrainer: R Close-Junior Horseman
Otherperson: C D Thornley-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 001af995e682da0d48d5c0bbd5cf4ecb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
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