Kaikoura TC 30 October 2016 – R 3 – Chair, Mr S Ching
ID: JCA11256
Meet Title:
Kaikoura TC - 30 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/10/30
Race Number:
R3
Decision:
As Mr Fitzgerald had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Fitzgerald was fined the sum of $400.
Facts:
Following the running of Race 4, the Asphalt Contractors (Canterbury) Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horseman, Mr A Fitzgerald, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner throughout 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 Fitzgerald had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Fitzgerald also confirmed that he understood the rule he was being charged with. Mr Fitzgerald was assisted at the initial Stewards investigation by Open Horseman Mr A Butt and had informed the stewards that he did not require assistance at the hearing.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Fitzgerald driving EXTREME GUEST turning for home when in the lead position. Mr Wallis said that shortly after entering the home straight, Mr Fitzgerald drew the whip and used it on 23 occasions over the concluding stages. He said there were no discernible pauses and the strikes were quite forceful.
Mr Fitzgerald did not dispute the number of strikes submitted by Mr Wallis. He said he got a bit excited and just got carried away with the moment. He said he had not driven a winner in a couple of years and when in contention just forgot to mix up his whip action.
Submissions for Penalty:
Mr Wallis stated that Mr Fitzgerald had a total of 39 career drives so far and had driven 9 times so far this season. Mr Wallis stated that Mr Fitzgerald had a clear record and had readily admitted the breach. Mr Wallis submitted that this was the worst case of excessive use of the whip that the Stewards had had to deal with in some time. He said the JCA Penalty Guide recommends a starting point of $500 for a breach of this rule and submitted that after consideration for Mr Fitzgerald's status as a Junior Driver, his good record and admission of the breach, that a fine of $400 be considered as penalty in this case.
Mr Fitzgerald submitted that consideration be given for his limited means and his frank admission of the breach. After discussion Mr Fitzgerald submitted that he would prefer a fine as penalty.
Reasons for Penalty:
In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. The aggravating factor in this case was the high level of the breach which the Committee determined, commanded an uplift in penalty of $100 to $600. We were however, able to afford Mr Fitzgerald a discount of $100 for his frank admission of the breach and a further discount of $100 for his status as a Junior Driver and his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $400.
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: 22367cace54cce8390ddbbb52ffb7b6f
informantnumber: A8903
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 01/11/2016
hearing_title: Kaikoura TC 30 October 2016 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Asphalt Contractors (Canterbury) Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horseman, Mr A Fitzgerald, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner throughout 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 Fitzgerald had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Fitzgerald also confirmed that he understood the rule he was being charged with. Mr Fitzgerald was assisted at the initial Stewards investigation by Open Horseman Mr A Butt and had informed the stewards that he did not require assistance at the hearing.
Mr Wallis gave evidence and showed video replays of the run home. He pointed out Mr Fitzgerald driving EXTREME GUEST turning for home when in the lead position. Mr Wallis said that shortly after entering the home straight, Mr Fitzgerald drew the whip and used it on 23 occasions over the concluding stages. He said there were no discernible pauses and the strikes were quite forceful.
Mr Fitzgerald did not dispute the number of strikes submitted by Mr Wallis. He said he got a bit excited and just got carried away with the moment. He said he had not driven a winner in a couple of years and when in contention just forgot to mix up his whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fitzgerald 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 Fitzgerald had a total of 39 career drives so far and had driven 9 times so far this season. Mr Wallis stated that Mr Fitzgerald had a clear record and had readily admitted the breach. Mr Wallis submitted that this was the worst case of excessive use of the whip that the Stewards had had to deal with in some time. He said the JCA Penalty Guide recommends a starting point of $500 for a breach of this rule and submitted that after consideration for Mr Fitzgerald's status as a Junior Driver, his good record and admission of the breach, that a fine of $400 be considered as penalty in this case.
Mr Fitzgerald submitted that consideration be given for his limited means and his frank admission of the breach. After discussion Mr Fitzgerald submitted that he would prefer a fine as penalty.
reasonsforpenalty:
In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. The aggravating factor in this case was the high level of the breach which the Committee determined, commanded an uplift in penalty of $100 to $600. We were however, able to afford Mr Fitzgerald a discount of $100 for his frank admission of the breach and a further discount of $100 for his status as a Junior Driver and his good record. We therefore determined that an appropriate penalty on this occasion was a fine of $400.
penalty:
Accordingly, Mr Fitzgerald was fined the sum of $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr A Fitzgerald - Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 706d4b019edfa882a6bb46735653e1a7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7560d11161a3ba1804394241a4855051
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2016
meet_title: Kaikoura TC - 30 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC