Archive Decision

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Rangiora HRC 18 December 2016 – R 10 – Chair, Mr S Ching

ID: JCA13545

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr J Geddes - Licensed Open Horseman

Information Number:
A8330

Hearing Type:
Hearing

New Charge:
Excessive use of the whip.

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Rangiora HRC - 18 December 2016

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2016/12/18

Race Number:
R10

Decision:

As Mr Geddes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Mr Geddes was fined the sum of $300.

Facts:

Following the running of Race 10, the JD & EA Ashby Properties Ltd Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr J Geddes, alleging a breach of Rule 869(2)(a) in that when driving BUCKEYE, he used his whip excessively in the final 400m.

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.”

Use of the Whip Guidelines provides:
   -The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr Geddes had endorsed the Information that this breach of the Rules was admitted. Mr Geddes had also informed the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Geddes driving BUCKEYE positioned 3 back on the inner before angling out to the middle of the track to improve. Mr Ydgren said that approaching the 300m Mr Geddes drew the whip and used it on 16 occasions over the final stages which was clearly in excess of the new whip guideline maximum of 10 strikes. He also said that all strikes were free of the rein.

Submissions for Penalty:

Mr Ydgren stated that Mr Geddes had an excellent penalty record and had not been before the Stewards or a JCA Committee for quite some time. He also said that Mr Geddes had admitted the breach at the first opportunity. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule. Mr Ydgren said that the breach was at a raised level due to the number of strikes involved but with Mr Geddes excellent record and his frank admission of the breach and submitted that a fine of no less than $300 be considered as penalty in this case.

Reasons for Penalty:

In determining penalty, we took into consideration all factors both mitigating and aggravating. The aggravating factor in this case was the raised number of strikes but due to Mr Geddes excellent record we determined this factor to be neutral. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to afford Mr Geddes a discount of $100 for his excellent record and a further discount of $100 for his frank admission of the breach. We therefore determined that an appropriate penalty on this occasion was a fine of $300.

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: 43177f6b582b0695b0f62e658a44d361


informantnumber: A8330


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip.


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2016


hearing_title: Rangiora HRC 18 December 2016 - R 10 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 10, the JD & EA Ashby Properties Ltd Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr J Geddes, alleging a breach of Rule 869(2)(a) in that when driving BUCKEYE, he used his whip excessively in the final 400m.

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.”

Use of the Whip Guidelines provides:
   -The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Mr Geddes had endorsed the Information that this breach of the Rules was admitted. Mr Geddes had also informed the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Geddes driving BUCKEYE positioned 3 back on the inner before angling out to the middle of the track to improve. Mr Ydgren said that approaching the 300m Mr Geddes drew the whip and used it on 16 occasions over the final stages which was clearly in excess of the new whip guideline maximum of 10 strikes. He also said that all strikes were free of the rein.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Geddes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Ydgren stated that Mr Geddes had an excellent penalty record and had not been before the Stewards or a JCA Committee for quite some time. He also said that Mr Geddes had admitted the breach at the first opportunity. He said the JCA Penalty Guide recommends a starting point of a 10-drive suspension or a $500 for a breach of this rule. Mr Ydgren said that the breach was at a raised level due to the number of strikes involved but with Mr Geddes excellent record and his frank admission of the breach and submitted that a fine of no less than $300 be considered as penalty in this case.


reasonsforpenalty:

In determining penalty, we took into consideration all factors both mitigating and aggravating. The aggravating factor in this case was the raised number of strikes but due to Mr Geddes excellent record we determined this factor to be neutral. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to afford Mr Geddes a discount of $100 for his excellent record and a further discount of $100 for his frank admission of the breach. We therefore determined that an appropriate penalty on this occasion was a fine of $300.


penalty:

Accordingly, Mr Geddes was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr J Geddes - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e71d2a9f4ed1a5a1e90fd5384ef2cc63


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 78d816914dacf07604a485d58ba40538


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/12/2016


meet_title: Rangiora HRC - 18 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Rangiora HRC