Hororata TC 26 February 2017 – R 11 – Chair, Mr S Ching
ID: JCA17032
Meet Title:
Hororata TC - 26 February 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/02/26
Race Number:
R11
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Anderson's Horseman’s license is suspended from the conclusion of racing on 26 February up to and including 9 March 2017. Meetings encompassed in this period are Addington on 3 March, Addington on 5 March and Forbury Park on 9 March 2017.
Facts:
Following the running of Race 11, the PGG Wrightson Seeds Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr R Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving STAR IN THE FUTURE.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Anderson had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Anderson driving STAR IN THE FUTURE positioned 4 back on the pylons as the field entered the home straight. Mr Wallis stated that Mr Anderson drew the whip and used it free of the rein on 5 occasions before going back to the rein and using the whip with his hand on the rein. Shortly afterwards, Mr Anderson used the whip again in a free hand manner, on a further 6 occasions. He said the total number of strikes free of the rein was 11 just outside the limit set by the Whip Guidelines. Mr Wallis stated that the breach was at a low level.
Mr Anderson stated that he had mixed up his use of the whip and had thought he was within the Whip Guidelines of 10. He said it was very difficult to count the number of strikes when faced with driving a horse out at the end of a race but conceded the number of strikes was 11.
Submissions for Penalty:
Mr Wallis stated that Mr Anderson had driven on 55 occasions last season with drives this season 48 to date. Mr Wallis stated that Mr Anderson had a previous breach at Westport on 26 December 2016 where he received a 4-day suspension. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months and submitted that after taking all factors into consideration, including the low level of the breach and Mr Anderson's ready admission, a 3-day suspension be considered as penalty in this case.
Mr Anderson stated that he had a team of 7 horses racing at this point in time and said he would be driving these at upcoming meetings. He also stated that he had intended to take one of his team to Forbury Park on 9 March which he requested be included in any suspension imposed. He declined to request a deferment of penalty and asked that any suspension begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 4 months. In this particular case, we adopted a starting point of a 4 day suspension and as there were no aggravating factors, were able to afford Mr Anderson a discount of 1 day for the low level and his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty 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: c4a7a03344830e643e71793103543270
informantnumber: A9004
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 27/02/2017
hearing_title: Hororata TC 26 February 2017 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the PGG Wrightson Seeds Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr R Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving STAR IN THE FUTURE.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Anderson had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Anderson driving STAR IN THE FUTURE positioned 4 back on the pylons as the field entered the home straight. Mr Wallis stated that Mr Anderson drew the whip and used it free of the rein on 5 occasions before going back to the rein and using the whip with his hand on the rein. Shortly afterwards, Mr Anderson used the whip again in a free hand manner, on a further 6 occasions. He said the total number of strikes free of the rein was 11 just outside the limit set by the Whip Guidelines. Mr Wallis stated that the breach was at a low level.
Mr Anderson stated that he had mixed up his use of the whip and had thought he was within the Whip Guidelines of 10. He said it was very difficult to count the number of strikes when faced with driving a horse out at the end of a race but conceded the number of strikes was 11.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Anderson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr Anderson had driven on 55 occasions last season with drives this season 48 to date. Mr Wallis stated that Mr Anderson had a previous breach at Westport on 26 December 2016 where he received a 4-day suspension. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months and submitted that after taking all factors into consideration, including the low level of the breach and Mr Anderson's ready admission, a 3-day suspension be considered as penalty in this case.
Mr Anderson stated that he had a team of 7 horses racing at this point in time and said he would be driving these at upcoming meetings. He also stated that he had intended to take one of his team to Forbury Park on 9 March which he requested be included in any suspension imposed. He declined to request a deferment of penalty and asked that any suspension begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 4 months. In this particular case, we adopted a starting point of a 4 day suspension and as there were no aggravating factors, were able to afford Mr Anderson a discount of 1 day for the low level and his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Anderson's Horseman’s license is suspended from the conclusion of racing on 26 February up to and including 9 March 2017. Meetings encompassed in this period are Addington on 3 March, Addington on 5 March and Forbury Park on 9 March 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: R Anderson-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 150e11d94c8cd0a6ff23f8df8842341e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cbde7fa2acc0176508bc56012f201281
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2017
meet_title: Hororata TC - 26 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hororata-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Hororata TC