Timaru HRC 13 October 2013 – R 8
ID: JCA10505
Meet Title:
Timaru HRC - 13 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/13
Race Number:
R8
Decision:
The charge was found to be proved.
Penalty:
Accordingly Mr Anderson was fined the sum of $200.
Charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
Facts:
Following the running of Race 8, the Timaru Xmas Racing 23 November 2013 Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Junior Horseman Mr J Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner while driving IDEAL ARDEN.”
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.”
Submissions for Decision:
Mr Anderson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Ydgren informed the Committee that Mr Anderson, as a Junior Horseman, had been assisted at the Stewards' investigation by Open Horseman Mr C De Filippi and that Mr Anderson was comfortable at the hearing without assistance.
Mr Ydgren gave evidence and showed video replays that Mr Anderson driving IDEAL ARDEN was in contention when after passing the 200m, used his whip on 20 occasions over the final stages, which is clearly in breach of the whip guidelines.
Mr Anderson did not dispute the number of strikes. He submitted that IDEAL ARDEN was a “bludger” and the horse was in a tight finish for 2nd place. He stated that he held on for 2nd by a margin of a neck.
Reasons for Decision:
In determining penalty we took into consideration as mitigation, Mr Anderson’s ready admission of the breach and the fact that he was a Junior Horseman. We also considered Mr Anderson’s penalty record, with one other breach 10 months previous and the number of drives since that breach. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200 was an appropriate penalty in this case.
Submissions for Penalty:
Mr Ydgren submitted that Mr Anderson had a previous breach of this Rule 10 months ago on 15 December 2012 at Addington, when fined $200 for excessive use of the whip. He stated Mr Anderson had 179 drives last season and so far this season 42 drives with Mr Ydgren submitting that Mr Anderson was one of our more experienced and busier Junior Horseman. Due to the timeframe since his last breach of this Rule, the number of drives since that breach, his ready admission of the charge and the fact that he was a Junior Horseman, Mr Ydgren submitted that a fine in the vicinity of $200 be considered.
Mr Anderson made no submissions on penalty.
Reasons for Penalty:
In determining penalty we took into consideration as mitigation, Mr Anderson’s ready admission of the breach and the fact that he was a Junior Horseman. We also considered Mr Anderson’s penalty record, with one other breach 10 months previous and the number of drives since that breach. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200 was 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: 0853b0c9490040e2bd4e1b609b113f6f
informantnumber: A1637
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Timaru HRC 13 October 2013 - R 8
charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
facts:
Following the running of Race 8, the Timaru Xmas Racing 23 November 2013 Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Junior Horseman Mr J Anderson, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner while driving IDEAL ARDEN.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Anderson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Ydgren informed the Committee that Mr Anderson, as a Junior Horseman, had been assisted at the Stewards' investigation by Open Horseman Mr C De Filippi and that Mr Anderson was comfortable at the hearing without assistance.
Mr Ydgren gave evidence and showed video replays that Mr Anderson driving IDEAL ARDEN was in contention when after passing the 200m, used his whip on 20 occasions over the final stages, which is clearly in breach of the whip guidelines.
Mr Anderson did not dispute the number of strikes. He submitted that IDEAL ARDEN was a “bludger” and the horse was in a tight finish for 2nd place. He stated that he held on for 2nd by a margin of a neck.
reasonsfordecision:
In determining penalty we took into consideration as mitigation, Mr Anderson’s ready admission of the breach and the fact that he was a Junior Horseman. We also considered Mr Anderson’s penalty record, with one other breach 10 months previous and the number of drives since that breach. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200 was an appropriate penalty in this case.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Anderson had a previous breach of this Rule 10 months ago on 15 December 2012 at Addington, when fined $200 for excessive use of the whip. He stated Mr Anderson had 179 drives last season and so far this season 42 drives with Mr Ydgren submitting that Mr Anderson was one of our more experienced and busier Junior Horseman. Due to the timeframe since his last breach of this Rule, the number of drives since that breach, his ready admission of the charge and the fact that he was a Junior Horseman, Mr Ydgren submitted that a fine in the vicinity of $200 be considered.
Mr Anderson made no submissions on penalty.
reasonsforpenalty:
In determining penalty we took into consideration as mitigation, Mr Anderson’s ready admission of the breach and the fact that he was a Junior Horseman. We also considered Mr Anderson’s penalty record, with one other breach 10 months previous and the number of drives since that breach. After looking at penalties imposed for similar breaches of this Rule, we were satisfied that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly Mr Anderson was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer: Mr J Anderson-Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 63ce0fece9c616a3e0027ecc04085a6b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 127c43a095b160d730aa0eebb59382b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/10/2013
meet_title: Timaru HRC - 13 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC