Marlborough HRC – 17 June 2007 – Race 11
ID: JCA21666
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough HRC - 17 June 2007
Race Date:
2007/06/17
Race Number:
Race 11
Decision:
Following the running of race eleven on the programme, an Information was lodged against driver, Mr M Pash, alleging a breach of Rule 869(2)(a) in that he used his whip excessively on Eastburn Gee in the run home
Following the running of race eleven on the programme, an Information was lodged against driver, Mr M Pash, alleging a breach of Rule 869(2)(a) in that he used his whip excessively on Eastburn Gee in the run home. Mr Pash denied the breach.
----Presenting her submissions, stipendiary steward Mrs Williams mentioned the guidelines for drivers which Mr Pash indicated he was familiar with. Referring to the video of the incident, Mrs Williams showed that Mr Pash used the whip in a continuous manner 17 or 18 times on Eastburn Gee in the run home. She stated it was excessive in that the use of the whip was quite clearly on the horse, as distinct from the shaft or dust sheet, and was not broken up, nor a case of using the reins or just brushing the horses tail.
----In his response, Mr Pash said that Eastburn Gee was a very hard horse to get to finish her races out and he had to work hard to get her up to win the race. He said he waited until he was well up the straight before he used the whip and, conceding he did use it 17 times, he said he did so to win the race for the owners and, whilst it may have been excessive, he said he felt it was at the lower end of the scale of excessive.
----To the chairman, Mr Pash agreed it was a short distance the whip was used but he considered he wouldn?t have won the race if he hadn?t really worked hard on her, and it was only in the last 50 metres that she got up. He agreed with the stipendiary stewards that it did not look good.
----Concluding his comments, Mr Pash said that he had previously had problems with his action and, because of that, he had tried to make changes to his style.
----Decision:
----In this case, Mr Pash appears on a breach of Rule 869(2)(a) in that he used his whip
--excessively on Eastburn Gee in the run home.
----We heard evidence from the stipendiary stewards which showed that in the run home Mr Pash, on Eastburn Gee, struck his horse 17-18 times to the line without a break. Mr Pash indicated that he drove the horse out to win the race, that he had to work hard to get the horse going and, whilst he did not admit the breach, he did indicate in his comments that the excess was at the lower end of the scale, and he stopped when he hit the front.
----Based on the evidence, including the video of the incident, I am satisfied that the charge of excessive use has been proved.
----I accept (in response to a comment from Mr Pash) it may not have been the worst case we have seen but, and Mr Pash agreed, it did not look good. The definition of ?excessive? simply means ?too much? and, whilst he did get the best out of the horse, I am satisfied in this instance that 17-18 strikes on the horse, in a short distance, without any break, is excessive. I find the charged proved and will accept submissions on penalty.
----Penalty:
----In finding the charge proved, the stipendiary stewards submitted a fine in the order of $200.00 appropriate, a fine consistent with a first offence. Mr Pash considered this was at the higher end but, otherwise had no comment to make.
----The committee has in recent times had occasion to deal with a number of charges under this Rule and, in this case, I am satisfied the penalty recommended by the stipendiary stewards is in order and consistent with other such penalties, and a fine of $200.00 will apply.
------
P.H.Welch
--Chairman
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: e60b05e42c5f22709559f9e83ea7d947
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 17/06/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough HRC - 17 June 2007 - Race 11
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race eleven on the programme, an Information was lodged against driver, Mr M Pash, alleging a breach of Rule 869(2)(a) in that he used his whip excessively on Eastburn Gee in the run home
Following the running of race eleven on the programme, an Information was lodged against driver, Mr M Pash, alleging a breach of Rule 869(2)(a) in that he used his whip excessively on Eastburn Gee in the run home. Mr Pash denied the breach.
----Presenting her submissions, stipendiary steward Mrs Williams mentioned the guidelines for drivers which Mr Pash indicated he was familiar with. Referring to the video of the incident, Mrs Williams showed that Mr Pash used the whip in a continuous manner 17 or 18 times on Eastburn Gee in the run home. She stated it was excessive in that the use of the whip was quite clearly on the horse, as distinct from the shaft or dust sheet, and was not broken up, nor a case of using the reins or just brushing the horses tail.
----In his response, Mr Pash said that Eastburn Gee was a very hard horse to get to finish her races out and he had to work hard to get her up to win the race. He said he waited until he was well up the straight before he used the whip and, conceding he did use it 17 times, he said he did so to win the race for the owners and, whilst it may have been excessive, he said he felt it was at the lower end of the scale of excessive.
----To the chairman, Mr Pash agreed it was a short distance the whip was used but he considered he wouldn?t have won the race if he hadn?t really worked hard on her, and it was only in the last 50 metres that she got up. He agreed with the stipendiary stewards that it did not look good.
----Concluding his comments, Mr Pash said that he had previously had problems with his action and, because of that, he had tried to make changes to his style.
----Decision:
----In this case, Mr Pash appears on a breach of Rule 869(2)(a) in that he used his whip
--excessively on Eastburn Gee in the run home.
----We heard evidence from the stipendiary stewards which showed that in the run home Mr Pash, on Eastburn Gee, struck his horse 17-18 times to the line without a break. Mr Pash indicated that he drove the horse out to win the race, that he had to work hard to get the horse going and, whilst he did not admit the breach, he did indicate in his comments that the excess was at the lower end of the scale, and he stopped when he hit the front.
----Based on the evidence, including the video of the incident, I am satisfied that the charge of excessive use has been proved.
----I accept (in response to a comment from Mr Pash) it may not have been the worst case we have seen but, and Mr Pash agreed, it did not look good. The definition of ?excessive? simply means ?too much? and, whilst he did get the best out of the horse, I am satisfied in this instance that 17-18 strikes on the horse, in a short distance, without any break, is excessive. I find the charged proved and will accept submissions on penalty.
----Penalty:
----In finding the charge proved, the stipendiary stewards submitted a fine in the order of $200.00 appropriate, a fine consistent with a first offence. Mr Pash considered this was at the higher end but, otherwise had no comment to make.
----The committee has in recent times had occasion to deal with a number of charges under this Rule and, in this case, I am satisfied the penalty recommended by the stipendiary stewards is in order and consistent with other such penalties, and a fine of $200.00 will apply.
------
P.H.Welch
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c490b234d6a24876f78da0b512863432
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a0c013fe0bbf42301d4614c97e5aee53
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/06/2007
meet_title: Marlborough HRC - 17 June 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough HRC