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Marlborough HRC 21 June 2015 – R 2

ID: JCA13552

Applicant:
N McIntyre-Co Chief Stipendiary Steward

Respondent(s):
M Edmonds-Licensed Open Horseman

Information Number:
A 6196

Hearing Type:
Hearing

New Charge:
Breach of Rule 869(2)(a)

Rules:
Breach of Rule 869(2)(a)-excessive use of the whip.

Plea:
admitted

Meet Title:
Marlborough HRC - 21 June 2015

Meet Chair:
SChing

Meet Committee Member 1:
PWilliams

Race Date:
2015/06/21

Race Number:
R2

Decision:

As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Edmonds was suspended from the conclusion of racing today 21 June up to and including 3 July 2015. This suspension encompasses the days racing at Rangiora on 28 June and Addington on 3 July 2015.

Facts:

Following the running of Race 2, the TNL Distribution & Meaters of Marlborough Maiden Pace, an Information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Licensed Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over 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 Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr McIntyre.

Mr McIntyre gave evidence and showed video replays of the final stages of the race where he pointed out Mr Edmonds, driving JUDYS MCARDLE, use his whip on 21-22 occasions over the concluding stages which he said was clearly outside the Stewards' setting of a maximum of 20 strikes. He also stated that the strikes were “rapid fire” and that was the reason Mr Edmonds had exceeded the limit.

Submissions for Penalty:

Mr McIntyre stated that Mr Edmonds had a clear record in regard to the rule and had admitted the breach at the first opportunity.

Mr McIntyre stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 10 drive suspension for a breach of this rule. Mr McIntyre stated that Mr Edmonds had indicated to the Stewards that a suspension was preferred which the Stewards did not have an objection to, he said. He stated that Mr Edmonds drove on average 2-3 occasions per meeting and submitted that if a suspension was to be considered as penalty, a 2 day suspension was recommended.

Reasons for Penalty:

In determining penalty we took into account Mr Edmonds’ clear record and his admission of the breach. We also took into consideration Mr Edmonds' submission for a suspension as penalty and that the Stewards had no objection to such. Taking into consideration the submissions on penalty, the Committee decided that a suspension was an appropriate penalty for Mr Edmonds. In taking the JCA Penalty Guide starting point of a 10 drive suspension we were able to give Mr Edmonds a discount of 2 drives for his good record and a further discount of 2 drives for his frank admission of the breach. We therefore decided that a 2 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: 448c7384a7ca470761b99972817dd4e3


informantnumber: A 6196


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 869(2)(a)


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2015


hearing_title: Marlborough HRC 21 June 2015 - R 2


charge:


facts:

Following the running of Race 2, the TNL Distribution & Meaters of Marlborough Maiden Pace, an Information was filed by Co-Chief Stipendiary Steward Mr N McIntyre against Licensed Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over 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 Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr McIntyre.

Mr McIntyre gave evidence and showed video replays of the final stages of the race where he pointed out Mr Edmonds, driving JUDYS MCARDLE, use his whip on 21-22 occasions over the concluding stages which he said was clearly outside the Stewards' setting of a maximum of 20 strikes. He also stated that the strikes were “rapid fire” and that was the reason Mr Edmonds had exceeded the limit.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr McIntyre stated that Mr Edmonds had a clear record in regard to the rule and had admitted the breach at the first opportunity.

Mr McIntyre stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 10 drive suspension for a breach of this rule. Mr McIntyre stated that Mr Edmonds had indicated to the Stewards that a suspension was preferred which the Stewards did not have an objection to, he said. He stated that Mr Edmonds drove on average 2-3 occasions per meeting and submitted that if a suspension was to be considered as penalty, a 2 day suspension was recommended.


reasonsforpenalty:

In determining penalty we took into account Mr Edmonds’ clear record and his admission of the breach. We also took into consideration Mr Edmonds' submission for a suspension as penalty and that the Stewards had no objection to such. Taking into consideration the submissions on penalty, the Committee decided that a suspension was an appropriate penalty for Mr Edmonds. In taking the JCA Penalty Guide starting point of a 10 drive suspension we were able to give Mr Edmonds a discount of 2 drives for his good record and a further discount of 2 drives for his frank admission of the breach. We therefore decided that a 2 day suspension was an appropriate penalty in this case. 


penalty:

Accordingly Mr Edmonds was suspended from the conclusion of racing today 21 June up to and including 3 July 2015. This suspension encompasses the days racing at Rangiora on 28 June and Addington on 3 July 2015.


hearing_type: Hearing


Rules: Breach of Rule 869(2)(a)-excessive use of the whip.


Informant: N McIntyre-Co Chief Stipendiary Steward


JockeysandTrainer: M Edmonds-Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 00639ce0c78be3b173c0f0b1f836731b


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: ccfa01d3543ff8cd6ece518c09d33a6b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/06/2015


meet_title: Marlborough HRC - 21 June 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: PWilliams


meet_pm2: none


name: Marlborough HRC