NZ Metro TC 11 July 2014 – R 9
ID: JCA10499
Meet Title:
NZ Metro TC - 11 July 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2014/07/11
Race Number:
R9
Decision:
Mr Geddes having admitted the breach, the charge was found proved.
Penalty:
Mr Geddes was fined the sum of $150.
Facts:
Following the running of Race 9, Staybrite Stainless Fabricators (2003) Limited Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Graduation Horseman, Mr B C Geddes, alleging that Mr Geddes, as the driver of SANDY DRYDEN in the race, “used his whip in an improper manner early in the run home while having a foot out of the sulky footrest”.
Mr Geddes had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr Geddes did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre showed a video replay of the final 400 metres of the race. He pointed out Mr Geddes, driving SANDY DRYDEN, dropping back in the “one-one” behind MILLWOOD FAITH (M P Jones) as the field approached the home turn. Upon turning for home, Mr Geddes “peeled out” to follow DAMON RUNYON (J F Curtin) outside of Mr Jones. At that point, Mr Geddes dropped his right foot from the sulky footrest and Mr Geddes could be seen to use the whip on 3-4 occasions while his foot remained out of the rest. It was unacceptable for a driver to use his whip with a foot out of the sulky footrest, Mr McIntyre said.
Submissions for Penalty:
Mr McIntyre confirmed that Mr Geddes had a clear record under the Rule. He submitted that a fine of $100 was an appropriate penalty. He said that Stewards regarded a breach such as this as being less serious than one of excessive use of the whip.
Reasons for Penalty:
In determining penalty, the Committee had regard to, as mitigating factors, Mr Geddes’s previous good record, his admission of the breach and that the breach was at the low end. The Committee noted that the starting point in the Penalty Guide was a 6 days’ suspension or a fine of $300. From that starting point, the Committee was able to allow Mr Geddes a discount of $50 for his admission of the breach, $50 for his good record and a further $50 for the low-end nature of the offending. The Committee also noted that a fine of $150 was in line with penalties recently imposed for similar breaches. A suspension was not 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: 07c8e12aefe04a516a2f7340df3d9e28
informantnumber: A1593
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: NZ Metro TC 11 July 2014 - R 9
charge:
facts:
Following the running of Race 9, Staybrite Stainless Fabricators (2003) Limited Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Graduation Horseman, Mr B C Geddes, alleging that Mr Geddes, as the driver of SANDY DRYDEN in the race, “used his whip in an improper manner early in the run home while having a foot out of the sulky footrest”.
Mr Geddes had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr Geddes did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre showed a video replay of the final 400 metres of the race. He pointed out Mr Geddes, driving SANDY DRYDEN, dropping back in the “one-one” behind MILLWOOD FAITH (M P Jones) as the field approached the home turn. Upon turning for home, Mr Geddes “peeled out” to follow DAMON RUNYON (J F Curtin) outside of Mr Jones. At that point, Mr Geddes dropped his right foot from the sulky footrest and Mr Geddes could be seen to use the whip on 3-4 occasions while his foot remained out of the rest. It was unacceptable for a driver to use his whip with a foot out of the sulky footrest, Mr McIntyre said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Geddes having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre confirmed that Mr Geddes had a clear record under the Rule. He submitted that a fine of $100 was an appropriate penalty. He said that Stewards regarded a breach such as this as being less serious than one of excessive use of the whip.
reasonsforpenalty:
In determining penalty, the Committee had regard to, as mitigating factors, Mr Geddes’s previous good record, his admission of the breach and that the breach was at the low end. The Committee noted that the starting point in the Penalty Guide was a 6 days’ suspension or a fine of $300. From that starting point, the Committee was able to allow Mr Geddes a discount of $50 for his admission of the breach, $50 for his good record and a further $50 for the low-end nature of the offending. The Committee also noted that a fine of $150 was in line with penalties recently imposed for similar breaches. A suspension was not an appropriate penalty in this case.
penalty:
Mr Geddes was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: B C Geddes, Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c39b1359ac6e52d36b4acc92494986c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b787f66d4277f777a5f4e57aa88da8a8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/07/2014
meet_title: NZ Metro TC - 11 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: NZ Metro TC