Archive Decision

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Nelson HRC 10 January 2020 – R 7 (heard 12 January 2020 at Nelson) – Chair, Mr T Utikere

ID: JCA13906

Applicant:
Mr P Williams - Stipendiary Steward

Respondent(s):
Mr M Edmonds - Licensed Open Horseman

Other Person:
Mr S Renault - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward

Information Number:
A13115

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2) and Clause (b) of the Use of Whip Regulations

Plea:
admitted

Meet Title:
Nelson HRC - 10 January 2020

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Meet Committee Member 2:
LYong

Race Date:
2020/01/10

Race Number:
R 7

Decision:

As the charge was admitted, the Committee deemed the charge proved.

Penalty:

Mr Edmonds is fined $300.

Facts:

Following the running of Race 7 (Palms Motel/Nelson Building Society Handicap Trot 2400m), at the Nelson Harness Racing Club’s Meeting on 10 January 2020, Information A13115 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Edmonds "... used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations in the last 400m".

Rule 869(2) states: "No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board."

Mr Edmonds acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Using the head-on and side-on films, Mrs Tibbs identified CHIVASION (Mr Edmonds) in the one-out and one-back position rounding the home turn. Mr Edmonds was then observed to use his whip on 14 occasions within the final 400m.

Mr Edmonds had no comments on the incident.

Submissions for Penalty:

Mr Williams identified that this was the Respondent’s first breach within the reset period. He identified that Mr Edmonds had 32 drives this season, with 81 drives in the season prior. He submitted that the breach fell within the mid-range and that the Penalty Scale identified a starting point of a $300. He did not believe there was any reason to move away from that and submitted that a $300 fine was appropriate.

Mr Edmonds reiterated his clean record and stated that whilst he was clearly over the permitted number of strikes he should have ‘counted better’.

Reasons for Penalty:

It is clear from the head-on and side-on films that Mr Edmonds used his whip 14 times over the concluding 400 metres of the race. Mr Edmonds accepts that is the case. This number is outside the number permitted under the Use of Whip Regulations.

While the Committee notes the Respondent's early admission and good record, it considers a mitigation inclusive penalty as identified in the Regulation's sliding scale for 14 strikes as appropriate.

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: 7ef3db59c693e20b669895ff78237c8d


informantnumber: A13115


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 13/01/2020


hearing_title: Nelson HRC 10 January 2020 - R 7 (heard 12 January 2020 at Nelson) - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 7 (Palms Motel/Nelson Building Society Handicap Trot 2400m), at the Nelson Harness Racing Club’s Meeting on 10 January 2020, Information A13115 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Edmonds "... used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations in the last 400m".

Rule 869(2) states: "No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board."

Mr Edmonds acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Using the head-on and side-on films, Mrs Tibbs identified CHIVASION (Mr Edmonds) in the one-out and one-back position rounding the home turn. Mr Edmonds was then observed to use his whip on 14 occasions within the final 400m.

Mr Edmonds had no comments on the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved.


sumissionsforpenalty:

Mr Williams identified that this was the Respondent’s first breach within the reset period. He identified that Mr Edmonds had 32 drives this season, with 81 drives in the season prior. He submitted that the breach fell within the mid-range and that the Penalty Scale identified a starting point of a $300. He did not believe there was any reason to move away from that and submitted that a $300 fine was appropriate.

Mr Edmonds reiterated his clean record and stated that whilst he was clearly over the permitted number of strikes he should have ‘counted better’.


reasonsforpenalty:

It is clear from the head-on and side-on films that Mr Edmonds used his whip 14 times over the concluding 400 metres of the race. Mr Edmonds accepts that is the case. This number is outside the number permitted under the Use of Whip Regulations.

While the Committee notes the Respondent's early admission and good record, it considers a mitigation inclusive penalty as identified in the Regulation's sliding scale for 14 strikes as appropriate.


penalty:

Mr Edmonds is fined $300.


hearing_type: Hearing


Rules: 869(2) and Clause (b) of the Use of Whip Regulations


Informant: Mr P Williams - Stipendiary Steward


JockeysandTrainer: Mr M Edmonds - Licensed Open Horseman


Otherperson: Mr S Renault - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9e4702fae163fbb4bc6156053677364b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6f8c33d43a78e39b3f209ca3fb35a583


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/01/2020


meet_title: Nelson HRC - 10 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: NMoffatt


meet_pm2: LYong


name: Nelson HRC