NZ Metro TC – 28 July 2006 – Race 4
ID: JCA20066
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 28 July 2006
Race Date:
2006/07/28
Race Number:
Race 4
Decision: --
Following the running of Race 4, McCrory Thomas Travel Handicap Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of ELLA POWELL in the race, used her whip excessively in the run home.
--
DECISION AND REASONS:
--Following the running of Race 4, McCrory Thomas Travel Handicap Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of ELLA POWELL in the race, used her whip excessively in the run home.
----Miss Edmonds was present at the hearing of the information and did not admit the breach. She was assisted by Licensed Open Driver, Mr A M Butt.
----The Committee heard submissions from Mrs Williams, Mr Butt on behalf of Miss Edmonds and viewed video replays of the final 200 metres of the race.
----Following a deliberation, the Committee delivered the following oral decision:
----"The Committee has listened carefully to the submissions of Mrs Williams and Mr Butt, on behalf of Miss Edmonds, and has carefully viewed the video replays of the final 200 metres of the race.
----Mrs Williams alleged that Miss Edmonds had given ELLA POWELL twenty-one hits with the whip which, she alleged, was excessive and unacceptable. Mrs Williams referred to the guidelines issued by the Stipendiary Stewards which, she said, were published regularly. The guidelines call for "alternative actions" but Miss Edmonds had continued to use the whip from the top of the straight, Mrs Williams said.
----Mr Butt submitted, on behalf of Miss Edmonds, that her actions had not been extravagant but were more like "tapping". In addition he submitted that, in his view, there were pauses in her actions. He stated that he has knowledge of the horse and that it tends to "knock off" if clear in the lead. He acknowledged that the perception was bad. Mr Butt further submitted that there was a "fine line" and if a driver underuses the whip he or she may incur a suspension for failing to drive out. He also submitted that Miss Edmonds had ceased using the whip before the finishing line and that the use of the whip on this occasion was at the lower end of the scale.
----The Committee has looked at the guidelines which Miss Edmonds is deemed to have knowledge of. The Committee is satisfied that the use by Miss Edmonds of the whip was continuous for some 200 metres and it appeared to the Committee that she did not use any of the alternative actions referred to in the guidelines. Twenty-one strikes of the whip is excessive in the Committee's view.
----With reference to Mr Butt's submission that it was necessary to drive the horse in this manner, the Committee would like to refer to the Enright appeal decision in the galloping code but equally applicable, we believe, to the harness code. In that case, the Appeal Tribunal said:
--All horses are meant to compete in the race under the same conditions and Rules. If a horse has an inherent flaw in its personality or makeup so that it needs to be ridden hard with the whip, sobeit. But it still must only be ridden within the provisions of the Rules of Racing. Likewise it is not an excuse for a breach of the Rules for one to say it was necessary to ride in that particular way in order to win a race. If the horse race cannot be won within the application of the Rules of Racing which govern the manner in which the race is to be run, then sobeit and it cannot win.
----That statement is self-explanatory and decisive when that particular defence is raised to an excessive use of the whip charge.
----Accordingly, the Committee is satisfied that Miss Edmonds' use of the whip on ELLA POWELL was excessive and the charge is found to be proved."
----Mrs Williams recommended a fine of $200 which took into account that Miss Edmonds was a junior driver. She had had 63 drives for 7 wins.
----Miss Edmonds told the Committee that she had not previously appeared on any charge. She stated that she had a number of drives coming up and would prefer to be fined rather than incur a suspension.
------
The Committee accepted that the recommendation of Mrs Williams was appropriate in all of the circumstances and, in particular, having regard to Miss Edmonds' record and her junior driver status. The breach did not warrant a term of suspension. Miss Edmonds was fined the sum of $200.00.
----R G McKenzie
----CHAIRMAN
----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: 6beb67dc4bb86b20de7304395b144eb2
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/07/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 28 July 2006 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 4, McCrory Thomas Travel Handicap Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of ELLA POWELL in the race, used her whip excessively in the run home.
--
DECISION AND REASONS:
--Following the running of Race 4, McCrory Thomas Travel Handicap Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A D Edmonds, alleging that Miss Edmonds, as the driver of ELLA POWELL in the race, used her whip excessively in the run home.
----Miss Edmonds was present at the hearing of the information and did not admit the breach. She was assisted by Licensed Open Driver, Mr A M Butt.
----The Committee heard submissions from Mrs Williams, Mr Butt on behalf of Miss Edmonds and viewed video replays of the final 200 metres of the race.
----Following a deliberation, the Committee delivered the following oral decision:
----"The Committee has listened carefully to the submissions of Mrs Williams and Mr Butt, on behalf of Miss Edmonds, and has carefully viewed the video replays of the final 200 metres of the race.
----Mrs Williams alleged that Miss Edmonds had given ELLA POWELL twenty-one hits with the whip which, she alleged, was excessive and unacceptable. Mrs Williams referred to the guidelines issued by the Stipendiary Stewards which, she said, were published regularly. The guidelines call for "alternative actions" but Miss Edmonds had continued to use the whip from the top of the straight, Mrs Williams said.
----Mr Butt submitted, on behalf of Miss Edmonds, that her actions had not been extravagant but were more like "tapping". In addition he submitted that, in his view, there were pauses in her actions. He stated that he has knowledge of the horse and that it tends to "knock off" if clear in the lead. He acknowledged that the perception was bad. Mr Butt further submitted that there was a "fine line" and if a driver underuses the whip he or she may incur a suspension for failing to drive out. He also submitted that Miss Edmonds had ceased using the whip before the finishing line and that the use of the whip on this occasion was at the lower end of the scale.
----The Committee has looked at the guidelines which Miss Edmonds is deemed to have knowledge of. The Committee is satisfied that the use by Miss Edmonds of the whip was continuous for some 200 metres and it appeared to the Committee that she did not use any of the alternative actions referred to in the guidelines. Twenty-one strikes of the whip is excessive in the Committee's view.
----With reference to Mr Butt's submission that it was necessary to drive the horse in this manner, the Committee would like to refer to the Enright appeal decision in the galloping code but equally applicable, we believe, to the harness code. In that case, the Appeal Tribunal said:
--All horses are meant to compete in the race under the same conditions and Rules. If a horse has an inherent flaw in its personality or makeup so that it needs to be ridden hard with the whip, sobeit. But it still must only be ridden within the provisions of the Rules of Racing. Likewise it is not an excuse for a breach of the Rules for one to say it was necessary to ride in that particular way in order to win a race. If the horse race cannot be won within the application of the Rules of Racing which govern the manner in which the race is to be run, then sobeit and it cannot win.
----That statement is self-explanatory and decisive when that particular defence is raised to an excessive use of the whip charge.
----Accordingly, the Committee is satisfied that Miss Edmonds' use of the whip on ELLA POWELL was excessive and the charge is found to be proved."
----Mrs Williams recommended a fine of $200 which took into account that Miss Edmonds was a junior driver. She had had 63 drives for 7 wins.
----Miss Edmonds told the Committee that she had not previously appeared on any charge. She stated that she had a number of drives coming up and would prefer to be fined rather than incur a suspension.
------
The Committee accepted that the recommendation of Mrs Williams was appropriate in all of the circumstances and, in particular, having regard to Miss Edmonds' record and her junior driver status. The breach did not warrant a term of suspension. Miss Edmonds was fined the sum of $200.00.
----R G McKenzie
----CHAIRMAN
----sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6ce56a14074c20edd20d2f23e63d8b70
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 99b87aa4ddd8e0beec713d1dbfe4c3f4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/07/2006
meet_title: NZ Metro TC - 28 July 2006
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
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name: NZ Metro TC