Nelson HRC 05 January 2014 – R3
ID: JCA17581
Meet Title:
Nelson HRC - 5 January 2014
Meet Chair:
PWilliams
Race Date:
2014/01/05
Race Number:
R3
Decision:
As Mr Anderson admitted the breach the charge was found proved.
Penalty:
Facts:
Following the running of race 3, the “Kahurangi Estate/NJ Business Services Pace” Information A3209 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 869(2)(a). The information stated “you (J Anderson) used your whip excessively over the concluding stages”.
Mr Anderson signed the information admitting the breach, confirmed this at the hearing and also that he was aware of, and understood, the “Use of Whip” guidelines.
Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.
Submissions for Decision:
Mr Neal used the side-on film to identify Mr Anderson as the widest runner on the track as the horses entered the home straight running behind mid-field in the 8 horse race. He said Mr Anderson used his whip approximately 23 times. He said part way through the run home Mr Anderson had “gone back to the rein” but the number of the strikes during the run home was too many. He said when speaking to Mr Anderson when the Information was laid Mr Anderson had said he was confused about the “Use of Whip” guidelines thinking that he had unrestricted use of the whip prior to the 200m point and could then hit his horse up to 16 times from the 200m to the finish line.
Mr Anderson had no comments to make other than his horse was the favourite and that he agreed with Mr Neal’s interpretation of the film.
Submissions for Penalty:
Mr Neal said Mr Anderson was an experienced Junior Driver who had admitted the breach at the earliest opportunity. He submitted a fine of $200 was an appropriate penalty.
Mr Anderson confirmed to me that he had previously breached this Rule at Timaru on 13 October 2013 and had been fined $200.
Mr Orange said it was a long straight at Nelson and it was difficult to be aware of how many times the whip had been used.
Reasons for Penalty:
I have reviewed the film of the incident and note that Mr Anderson used his whip approximately 23 times in the home straight with at least 2 brief pauses during that time. Whilst many of the strikes were not overly forceful 23 strikes is too many. In part, to justify this use, Mr Anderson said his horse was the favourite - in fact it was 3/3 in the betting. I note this is Mr Anderson’s second breach of the Rule since mid October 2013. I also note that whilst Mr Anderson indicated at the start of the hearing that he understood the “Use of Whip” guidelines that was clearly not the case as evidenced by the submissions of Mr Neal. I also note that Mr Anderson finished 5th in the race.
The JCA’s penalty Guidelines state that the starting point for a second breach of this Rule within a 12 month period is a fine of $500. Having taken into account Mr Anderson’s admittance of the breach, the fact that the strikes were not overly forceful and also reviewed recent penalties for similar breaches of this Rule I believe on this occasion a fine is an appropriate penalty.
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: f4dc3c300a836b900038d59863f24293
informantnumber: A3209
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Excessive Use of Whip Rule
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2014
hearing_title: Nelson HRC 05 January 2014 - R3
charge:
facts:
Following the running of race 3, the “Kahurangi Estate/NJ Business Services Pace” Information A3209 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 869(2)(a). The information stated “you (J Anderson) used your whip excessively over the concluding stages”.
Mr Anderson signed the information admitting the breach, confirmed this at the hearing and also that he was aware of, and understood, the “Use of Whip” guidelines.
Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal used the side-on film to identify Mr Anderson as the widest runner on the track as the horses entered the home straight running behind mid-field in the 8 horse race. He said Mr Anderson used his whip approximately 23 times. He said part way through the run home Mr Anderson had “gone back to the rein” but the number of the strikes during the run home was too many. He said when speaking to Mr Anderson when the Information was laid Mr Anderson had said he was confused about the “Use of Whip” guidelines thinking that he had unrestricted use of the whip prior to the 200m point and could then hit his horse up to 16 times from the 200m to the finish line.
Mr Anderson had no comments to make other than his horse was the favourite and that he agreed with Mr Neal’s interpretation of the film.
reasonsfordecision:
Decision:
As Mr Anderson admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Neal said Mr Anderson was an experienced Junior Driver who had admitted the breach at the earliest opportunity. He submitted a fine of $200 was an appropriate penalty.
Mr Anderson confirmed to me that he had previously breached this Rule at Timaru on 13 October 2013 and had been fined $200.
Mr Orange said it was a long straight at Nelson and it was difficult to be aware of how many times the whip had been used.
reasonsforpenalty:
I have reviewed the film of the incident and note that Mr Anderson used his whip approximately 23 times in the home straight with at least 2 brief pauses during that time. Whilst many of the strikes were not overly forceful 23 strikes is too many. In part, to justify this use, Mr Anderson said his horse was the favourite - in fact it was 3/3 in the betting. I note this is Mr Anderson’s second breach of the Rule since mid October 2013. I also note that whilst Mr Anderson indicated at the start of the hearing that he understood the “Use of Whip” guidelines that was clearly not the case as evidenced by the submissions of Mr Neal. I also note that Mr Anderson finished 5th in the race.
The JCA’s penalty Guidelines state that the starting point for a second breach of this Rule within a 12 month period is a fine of $500. Having taken into account Mr Anderson’s admittance of the breach, the fact that the strikes were not overly forceful and also reviewed recent penalties for similar breaches of this Rule I believe on this occasion a fine is an appropriate penalty.
penalty:
hearing_type: Hearing
Rules: 869(2a)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr J Anderson - Junior Horseman
Otherperson: Mr B Orange - Open Horseman assisting Mr Anderson
PersonPresent:
Respondent:
StipendSteward:
raceid: 80603fcabb4cb483b6a7d0d32a21aea3
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: 75950819d79da0506a09292f0f1b901a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2014
meet_title: Nelson HRC - 5 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: none
meet_pm2: none
name: Nelson HRC