Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Methven TC 11 December 2011 – R 4

ID: JCA14925

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr J B Geddes - Driver of MAGNA

Information Number:
A5481

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Methven TC - 11 December 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2011/12/11

Race Number:
R4

Decision:

As Mr Geddes admitted the breach, the charge was found proved. 

Penalty:

Mr Geddes was fined the sum of $200. 

Charge:

Excessive use of the whip.

Facts:

Following the running of Race 4, Ray Mayne Hose & Fittings Limited Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Horseman, Mr J B Geddes, alleging a breach of Rule 869 (2) (a) in that Mr Geddes, as the driver of MAGNA in the race, “used his whip excessively in the run home”.

Mr Geddes was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Wallis showed a video replay of the final 300-400 metres of the race. He pointed out MAGNA, driven by Mr Geddes, racing in the trail as the field turned into the home straight. At that point, Mr Geddes angled the horse out for a run and commenced using his whip. Mr Wallis alleged that Mr Geddes had used his whip a total of 21 times in the home straight, most of them in the last 220 metres. Mr Geddes agreed that he had used the whip 21 times.

Mr Wallis said that the strikes were not “forceful” but were continuous and not broken up as much as the Stewards would want. 

Submissions for Penalty:

Mr Wallis referred to the Penalty Guide, which gave a starting point for penalty for a breach of the Rule, of 6 drives or a fine of $300. Mr Geddes had a clear record, he said. In the 2010/2011 season, Mr Geddes had a total of 21 drives and, to date this season, has had 9 drives.

Mr Wallis submitted that a fine of $200 was appropriate.

Mr Geddes submitted that the strikes were not “haymakers” and the horse was responding. He believed that he had only just exceeded the threshold permitted by the Stipendiary Stewards of 19 or less and explained that he had lost count. He further submitted that the strikes were not “unnecessary” – the horse had responded and had won the race, he said. 

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Geddes’ admission of the breach and his previous good record. The Committee regarded the breach as being mid-range at worst. Taking those matters into account, the Committee decided that a fine of $200 was appropriate. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the breach was admitted and the driver’s record was clear.  

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: 8cc35dfcea62b6c5246b63d0a2846ecd


informantnumber: A5481


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/12/2011


hearing_title: Methven TC 11 December 2011 - R 4


charge:

Excessive use of the whip.


facts:

Following the running of Race 4, Ray Mayne Hose & Fittings Limited Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Horseman, Mr J B Geddes, alleging a breach of Rule 869 (2) (a) in that Mr Geddes, as the driver of MAGNA in the race, “used his whip excessively in the run home”.

Mr Geddes was present at the hearing of the information and he indicated that he admitted the breach.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis showed a video replay of the final 300-400 metres of the race. He pointed out MAGNA, driven by Mr Geddes, racing in the trail as the field turned into the home straight. At that point, Mr Geddes angled the horse out for a run and commenced using his whip. Mr Wallis alleged that Mr Geddes had used his whip a total of 21 times in the home straight, most of them in the last 220 metres. Mr Geddes agreed that he had used the whip 21 times.

Mr Wallis said that the strikes were not “forceful” but were continuous and not broken up as much as the Stewards would want. 


reasonsfordecision:


Decision:

As Mr Geddes admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Wallis referred to the Penalty Guide, which gave a starting point for penalty for a breach of the Rule, of 6 drives or a fine of $300. Mr Geddes had a clear record, he said. In the 2010/2011 season, Mr Geddes had a total of 21 drives and, to date this season, has had 9 drives.

Mr Wallis submitted that a fine of $200 was appropriate.

Mr Geddes submitted that the strikes were not “haymakers” and the horse was responding. He believed that he had only just exceeded the threshold permitted by the Stipendiary Stewards of 19 or less and explained that he had lost count. He further submitted that the strikes were not “unnecessary” – the horse had responded and had won the race, he said. 


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Geddes’ admission of the breach and his previous good record. The Committee regarded the breach as being mid-range at worst. Taking those matters into account, the Committee decided that a fine of $200 was appropriate. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the breach was admitted and the driver’s record was clear.  


penalty:

Mr Geddes was fined the sum of $200. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr J B Geddes - Driver of MAGNA


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9aa9172e94c37b9c113adb89140cb3fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2006b5113355ab9fe9bb15d429aa175d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/12/2011


meet_title: Methven TC - 11 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Methven TC