Geraldine TC 31 January 2016 – R 2 – Chair, Mr S Ching
ID: JCA13336
Meet Title:
Geraldine TC - 31 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/31
Race Number:
R2
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Thornley was fined the sum of $300.
Facts:
Following the running of Race 2, the Peter Walsh & Associates Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr C D Thornley, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner when driving BEST LAID PLANS over the final 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 Thornley had endorsed the Information that this breach of the Rules was admitted. Mr Thornley had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Thornley, driving BEST LAID PLANS, who was in contention at the home turn sharing the lead. He stated that Mr Thornley used his whip with the reins in his hand on at least 35 occasions over the concluding stages which he said was clearly outside the whip guidelines. He also stated that the strikes were continuous but that they were not forceful. Mr Renault said the sheer number was very high with the perception to the viewing public, a poor one.
Submissions for Penalty:
Mr Renault stated that Mr Thornley had an excellent record with his last breach under this rule being in December 2010. He said Mr Thornley had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine for a breach of this rule. Mr Renault submitted that with Mr Thornley’s excellent record and his admission of the breach a fine, of between $350 and $400 be considered as penalty.
Reasons for Penalty:
In determining penalty, we took into account Mr Thornley’s excellent record under this rule and his ready admission of the breach. We also took into consideration the number of strikes and the possible public perception of his whip use. In taking the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Thornley a discount of $100 for his excellent record and a further discount of $100 for his ready admission of the breach. We therefore 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: 640e93c5f33f42e493b01f8c8905fb23
informantnumber: A 1148
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2016
hearing_title: Geraldine TC 31 January 2016 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Peter Walsh & Associates Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr C D Thornley, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner when driving BEST LAID PLANS over the final 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 Thornley had endorsed the Information that this breach of the Rules was admitted. Mr Thornley had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Thornley, driving BEST LAID PLANS, who was in contention at the home turn sharing the lead. He stated that Mr Thornley used his whip with the reins in his hand on at least 35 occasions over the concluding stages which he said was clearly outside the whip guidelines. He also stated that the strikes were continuous but that they were not forceful. Mr Renault said the sheer number was very high with the perception to the viewing public, a poor one.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Thornley had an excellent record with his last breach under this rule being in December 2010. He said Mr Thornley had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine for a breach of this rule. Mr Renault submitted that with Mr Thornley’s excellent record and his admission of the breach a fine, of between $350 and $400 be considered as penalty.
reasonsforpenalty:
In determining penalty, we took into account Mr Thornley’s excellent record under this rule and his ready admission of the breach. We also took into consideration the number of strikes and the possible public perception of his whip use. In taking the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Thornley a discount of $100 for his excellent record and a further discount of $100 for his ready admission of the breach. We therefore determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Thornley was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: C D Thornley- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b30a6abe080a4db2dca290d937e0408f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 68b9d6e46ce4afa91ec9ad4e07f2dd30
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/01/2016
meet_title: Geraldine TC - 31 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Geraldine TC