NZ Metro TC 29 April 2016 – R 8 – Chair, Mr R McKenzie
ID: JCA10498
Meet Title:
NZ Metro TC - 29 April 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/04/29
Race Number:
R8
Decision:
Mr Lethaby having admitted the charge, the charge was found proved.
Penalty:
Mr Lethaby was fined the sum of $300.
Facts:
Following the running of Race 8, Chesters Plumbing & Bathroom Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr T J Lethaby, alleging that Mr Lethaby, as the driver of KO WRECTED in the race, “used his whip excessively in the home straight”.
Mr Lethaby was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr J H Abernethy.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(b) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed video replays of the final 200-300 metres of the race. He pointed out Mr Lethaby, driving KO WRECTED, at the rear of the field, near the markers, as the field entered the final straight. Stewards were alleging that Mr Lethaby, from that point, used his whip approximately 25 times in the home straight, Mr Renault said. Mr Lethaby confirmed that he did not dispute the alleged number of strikes.
Mr Lethaby said that he had not put any pressure on the horse and was only trying to encourage it and keep it going. He did not realise the number of strikes had got so high. He was aware of the guidelines, he said.
Mr Renault agreed with the Committee that there were a number of brief pauses but said that it was the number of strikes that was of concern to the Stewards.
Submissions for Penalty:
Mr Renault told the Committee that Mr Lethaby is in his second season of driving. He has had 110 drives in the current season and last season had 53 drives. His record under the Rule was clear.
Mr Renault referred to the Penalty Guide starting point of a $500 fine or a 10 drives suspension. Stewards saw this breach as being in the mid-range. He should be given credit for his good record and admission of the breach. A fine of $300 would be an appropriate penalty, Mr Renault submitted.
The Committee enquired of Mr Lethaby whether he would like the Committee to consider a term of suspension rather than a fine. Mr Lethaby said that his preference was for a fine. Mr Abernethy submitted that, given Mr Lethaby’s junior driver status, a fine of no more than $250 should be imposed.
Reasons for Penalty:
The Committee referred to its database of penalties for breaches of the Rule. It was able to find a number of breaches by Junior Drivers, but was unable to find any instance of a fine of less than $300. Mr Lethaby is an experienced Junior Driver and should be well aware of the Rule and penalties. As far as the Committee was concerned, the “minimum” fine for a breach of the Rule in the case of an admitted breach and a clear record is $300. This is arrived at on the basis of a discount of $200 from the starting point of $500 for those mitigating factors. The number of strikes was an aggravating factor.
JCA Decision Fields (raw)
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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: 07a00124991d0b46ce394a756b0c9550
informantnumber: A1677
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/05/2016
hearing_title: NZ Metro TC 29 April 2016 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Chesters Plumbing & Bathroom Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr T J Lethaby, alleging that Mr Lethaby, as the driver of KO WRECTED in the race, “used his whip excessively in the home straight”.
Mr Lethaby was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Horseman, Mr J H Abernethy.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(b) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed video replays of the final 200-300 metres of the race. He pointed out Mr Lethaby, driving KO WRECTED, at the rear of the field, near the markers, as the field entered the final straight. Stewards were alleging that Mr Lethaby, from that point, used his whip approximately 25 times in the home straight, Mr Renault said. Mr Lethaby confirmed that he did not dispute the alleged number of strikes.
Mr Lethaby said that he had not put any pressure on the horse and was only trying to encourage it and keep it going. He did not realise the number of strikes had got so high. He was aware of the guidelines, he said.
Mr Renault agreed with the Committee that there were a number of brief pauses but said that it was the number of strikes that was of concern to the Stewards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Lethaby having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Lethaby is in his second season of driving. He has had 110 drives in the current season and last season had 53 drives. His record under the Rule was clear.
Mr Renault referred to the Penalty Guide starting point of a $500 fine or a 10 drives suspension. Stewards saw this breach as being in the mid-range. He should be given credit for his good record and admission of the breach. A fine of $300 would be an appropriate penalty, Mr Renault submitted.
The Committee enquired of Mr Lethaby whether he would like the Committee to consider a term of suspension rather than a fine. Mr Lethaby said that his preference was for a fine. Mr Abernethy submitted that, given Mr Lethaby’s junior driver status, a fine of no more than $250 should be imposed.
reasonsforpenalty:
The Committee referred to its database of penalties for breaches of the Rule. It was able to find a number of breaches by Junior Drivers, but was unable to find any instance of a fine of less than $300. Mr Lethaby is an experienced Junior Driver and should be well aware of the Rule and penalties. As far as the Committee was concerned, the “minimum” fine for a breach of the Rule in the case of an admitted breach and a clear record is $300. This is arrived at on the basis of a discount of $200 from the starting point of $500 for those mitigating factors. The number of strikes was an aggravating factor.
penalty:
Mr Lethaby was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: T J Lethaby, Licensed Junior Driver
Otherperson: J H Abernethy, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a407ef7f14cbf0822ffa58e245710ff5
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: 6b7f8da382551ed2a4ba25bb80b25049
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/04/2016
meet_title: NZ Metro TC - 29 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC