NZ Metro TC 29 January 2016 – R 5 – Chair, Mr S Ching
ID: JCA11512
Meet Title:
NZ Metro TC - 29 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/29
Race Number:
R5
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Edmonds was suspended from the conclusion of racing today 29 January up to and including 14 February 2016. This suspension encompasses the days racing at Ashburton on 6 February, Amberley on 8 February, Addington on 12 February and Timaru on 14 February 2016.
Facts:
Following the running of Race 5, the (SBSR) Beaudiene Breeding, Murdoch Bloodstock, G Allen Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that he used his whip excessively in the home straight.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Edmonds, driving CHANGEOVER A FLYIN, who was in contention at the home turn in a 3 wide position. He stated that Mr Edmonds used his whip on 21 occasions over the concluding stages which he said was clearly outside the whip guidelines. He also stated that the strikes were continuous apart from a brief pause shortly before the winning post near the 40m. Mr Renault said that the strikes could be described as forceful.
Submissions for Penalty:
Mr Renault stated that Mr Edmonds had a previous breach of this rule over the previous 12 months being at Blenheim on 21 June 2015 where he received a 2-day suspension. He said Mr Edmonds had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Renault stated that Mr Edmonds had indicated to the Stewards that a suspension was preferred which the Stewards did not have an objection to, he said. He stated that Mr Edmonds drove on average 2 occasions per meeting and submitted that if a suspension was to be considered as penalty, a 3 to 4-day suspension be considered as penalty.
Reasons for Penalty:
In determining penalty, we took into account Mr Edmonds' record which showed a breach in June 2015 and his admission of the breach. Although the JCA Penalty Guide has a reset of 6 months for a breach of this rule we determined that Mr Edmonds' record needed to be taken into consideration in this case. We also took into account Mr Edmonds' submission for a suspension as penalty and that the Stewards had no objection to such. Taking into consideration the submissions on penalty, the Committee determined that a suspension was an appropriate penalty for Mr Edmonds. In taking the JCA Penalty Guide starting point of a 2-day suspension we decided that as Mr Edmonds only drove approximately 2 times per relevant meeting that a meaningful penalty was required. After taking into account the aggravating and mitigating factors we determined that a 4-day suspension was a meaningful and 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: 2aa90b73a91450705894623420562404
informantnumber: A 1667
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2016
hearing_title: NZ Metro TC 29 January 2016 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the (SBSR) Beaudiene Breeding, Murdoch Bloodstock, G Allen Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr M Edmonds, alleging a breach of Rule 869(2)(a) in that he used his whip excessively in the home straight.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr Edmonds had endorsed the Information that this breach of the Rules was admitted. Mr Edmonds had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Edmonds, driving CHANGEOVER A FLYIN, who was in contention at the home turn in a 3 wide position. He stated that Mr Edmonds used his whip on 21 occasions over the concluding stages which he said was clearly outside the whip guidelines. He also stated that the strikes were continuous apart from a brief pause shortly before the winning post near the 40m. Mr Renault said that the strikes could be described as forceful.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edmonds had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Edmonds had a previous breach of this rule over the previous 12 months being at Blenheim on 21 June 2015 where he received a 2-day suspension. He said Mr Edmonds had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine or a 2-day suspension for a breach of this rule. Mr Renault stated that Mr Edmonds had indicated to the Stewards that a suspension was preferred which the Stewards did not have an objection to, he said. He stated that Mr Edmonds drove on average 2 occasions per meeting and submitted that if a suspension was to be considered as penalty, a 3 to 4-day suspension be considered as penalty.
reasonsforpenalty:
In determining penalty, we took into account Mr Edmonds' record which showed a breach in June 2015 and his admission of the breach. Although the JCA Penalty Guide has a reset of 6 months for a breach of this rule we determined that Mr Edmonds' record needed to be taken into consideration in this case. We also took into account Mr Edmonds' submission for a suspension as penalty and that the Stewards had no objection to such. Taking into consideration the submissions on penalty, the Committee determined that a suspension was an appropriate penalty for Mr Edmonds. In taking the JCA Penalty Guide starting point of a 2-day suspension we decided that as Mr Edmonds only drove approximately 2 times per relevant meeting that a meaningful penalty was required. After taking into account the aggravating and mitigating factors we determined that a 4-day suspension was a meaningful and appropriate penalty in this case.
penalty:
Accordingly, Mr Edmonds was suspended from the conclusion of racing today 29 January up to and including 14 February 2016. This suspension encompasses the days racing at Ashburton on 6 February, Amberley on 8 February, Addington on 12 February and Timaru on 14 February 2016.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: M Edmonds- Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d5536d969631a145da1a7ca3cbe843a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4a6fb3c3838a8799d7031a5514dcb9c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2016
meet_title: NZ Metro TC - 29 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC