Northern Southland TC 7 October 2017 – R 6 – Prof G Hall
ID: JCA13566
Meet Title:
Northern Southland TC - 7 October 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Meet Committee Member 2:
MConway
Race Date:
2017/10/07
Race Number:
R 6
Decision:
Mr Anderson has admitted the charge. The charge is proved.
Penalty:
We have regard to record, admission of the breach, and the respondent’s junior status, and impose a fine of $300.
Facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Anderson used his whip in an excessive manner on GOT A BEAUTY in race 6, the G&J Knight Racing/Southern Crutching Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Anderson signed the Statement by the Respondent on the Information indicating that he admitted the breach and that he did not wish to be present at the hearing. We questioned the Stipendiary Stewards as to the reason for his absence and were told that Mr Anderson wished to leave the course and he had no submissions to put before the Committee. As Mr Anderson is an experienced junior driver, we heard the matter.
Mr Wallis showed several video replays of the last 400 metres of the race. He identified GOT A BEAUTY was racing outside the leader rounding the bend and ran home down the middle of the track. The horse got to the lead not long after straightening before being run down and finishing second. The margins were 1¼ lengths and ½ length.
Mr Wallis demonstrated that Mr Anderson had used his whip on 11 occasions. He also advised that both Mr Anderson and Mr D Dunn, who had assisted the respondent, had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.
Submissions for Penalty:
Mr Wallis produced Mr Anderson’s record, which was clear under this rule for the past four months. He stated that Mr Anderson is a “busy junior driver” with 209 drives last season and 37 drives, to date this season.
Mr Wallis informed the Committee that Mr Anderson had a previous breach on 23 December 2016, when he was fined $350. He further said that when regard was had to Mr Anderson’s number of drives, this could be regarded as a “good record”.
Mr Wallis submitted that a $300 fine was appropriate.
Reasons for Penalty:
We are satisfied that the respondent has used the whip on 11 occasions in the last 400 metres. It is a mixture of free hand strikes and back-handers.
The starting point is a fine of $500 or 10 drives, as in the JCA Penalty Guide. We accept that Mr Anderson is a busy driver and, despite a breach of this rule in the past 12 months, this record is fairly described as “good”.
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: 46f72ea4834cc9ba7bb67cb80924b537
informantnumber: A9588
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2017
hearing_title: Northern Southland TC 7 October 2017 - R 6 - Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Anderson used his whip in an excessive manner on GOT A BEAUTY in race 6, the G&J Knight Racing/Southern Crutching Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Anderson signed the Statement by the Respondent on the Information indicating that he admitted the breach and that he did not wish to be present at the hearing. We questioned the Stipendiary Stewards as to the reason for his absence and were told that Mr Anderson wished to leave the course and he had no submissions to put before the Committee. As Mr Anderson is an experienced junior driver, we heard the matter.
Mr Wallis showed several video replays of the last 400 metres of the race. He identified GOT A BEAUTY was racing outside the leader rounding the bend and ran home down the middle of the track. The horse got to the lead not long after straightening before being run down and finishing second. The margins were 1¼ lengths and ½ length.
Mr Wallis demonstrated that Mr Anderson had used his whip on 11 occasions. He also advised that both Mr Anderson and Mr D Dunn, who had assisted the respondent, had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Anderson has admitted the charge. The charge is proved.
sumissionsforpenalty:
Mr Wallis produced Mr Anderson’s record, which was clear under this rule for the past four months. He stated that Mr Anderson is a “busy junior driver” with 209 drives last season and 37 drives, to date this season.
Mr Wallis informed the Committee that Mr Anderson had a previous breach on 23 December 2016, when he was fined $350. He further said that when regard was had to Mr Anderson’s number of drives, this could be regarded as a “good record”.
Mr Wallis submitted that a $300 fine was appropriate.
reasonsforpenalty:
We are satisfied that the respondent has used the whip on 11 occasions in the last 400 metres. It is a mixture of free hand strikes and back-handers.
The starting point is a fine of $500 or 10 drives, as in the JCA Penalty Guide. We accept that Mr Anderson is a busy driver and, despite a breach of this rule in the past 12 months, this record is fairly described as “good”.
penalty:
We have regard to record, admission of the breach, and the respondent’s junior status, and impose a fine of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr M Anderson - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a0d09911b0b6fc7e13e068041df9b980
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bae69675b24fd208d6c765441c540307
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2017
meet_title: Northern Southland TC - 7 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: MConway
name: Northern Southland TC