NZ Metropolitan TC 13 July 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA10507
Meet Title:
NZ Metro TC - 13 July 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/07/13
Race Number:
R6
Decision:
Mr Whittaker has admitted the breach which has been found proved accordingly.
Penalty:
Mr Whittaker was fined the sum of $300.
Facts:
Following the running of Race 6, McMillan Feeds – 2018 NZ Junior Drivers Champs (Heat 4) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr LJ Whittaker, alleging that, as the driver of CHIEF KAPAI in the race, he “used his whip on more occasions than permitted [by the Use of Whip Regulations Clause (b)]”.
Mr Whittaker had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he understood the Rule and Regulation and that the breach was admitted. He was assisted at the hearing by Licensed Open Driver, Mr B M Williamson.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault said that it was alleged by the Stewards that Mr Whittaker had used his whip in the “mid-range bracket” of 14-16 times in the final 400 metres. He then showed a video replay of the final 400 metres of the race. He pointed out CHIEF KAPAI, driven by Mr Whittaker, racing four places back on the markers and among the last few runners in the twelve-horse field. Rounding the home turn, Mr Renault said, Mr Whittaker used his whip in a “tapping motion” and not a striking motion. From that point, Mr Renault alleged that Mr Whittaker had used his whip, in a striking motion, on 16 occasions. There had been some “pushes” in the middle of those, Mr Renault said.
Mr Whittaker told the Committee that he accepted the alleged count of 16 strikes. He did not wish to comment.
Mr Williamson confirmed acceptance of the number of strikes but submitted that those strikes were not of a force which might be expected from, say, a senior horseman.
Submissions for Penalty:
Mr Renault told the Committee that Mr Whittaker is in his first season as a Junior Driver. He has had a total of 53 drives and has not been spoken to by Stewards in relation to any Rule. It is an excellent record. Under the sliding scale in the Regulations, the penalty for a first offence of 16 strikes is a fine of $300 and he submitted that there was no need for the Committee to depart from that.
Mr Williamson said that it was only Mr Whittaker’s third drive at Addington which has a longer straight than Auckland where he has been driving. Mr Whittaker believed that this was a factor. He referred to Mr Whittaker’s excellent as mentioned by Mr Renault.
Reasons for Penalty:
In deciding penalty, the Committee had regard to the “sliding scale” in the Use of the Whip Regulations for a number of strikes in the 14-16 range – a fine of $300.
There were no aggravating factors in the view of the Committee. The Committee noted that CHIEF KAPAI had finished in 7th placing. Most of the strikes were not delivered with force and were not continuous. Mr Williamson put forward a couple of factors on Mr Whittaker’s behalf by way of mitigation – unfamiliarity with the track, low force of the strikes and Mr Whittaker’s record. However, the Committee did not consider that those factors warranted a discount from the scale penalty.
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: 087e1b14d738917607daf0cba70cc113
informantnumber: A09969
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/07/2018
hearing_title: NZ Metropolitan TC 13 July 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, McMillan Feeds – 2018 NZ Junior Drivers Champs (Heat 4) Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Mr LJ Whittaker, alleging that, as the driver of CHIEF KAPAI in the race, he “used his whip on more occasions than permitted [by the Use of Whip Regulations Clause (b)]”.
Mr Whittaker had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he understood the Rule and Regulation and that the breach was admitted. He was assisted at the hearing by Licensed Open Driver, Mr B M Williamson.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault said that it was alleged by the Stewards that Mr Whittaker had used his whip in the “mid-range bracket” of 14-16 times in the final 400 metres. He then showed a video replay of the final 400 metres of the race. He pointed out CHIEF KAPAI, driven by Mr Whittaker, racing four places back on the markers and among the last few runners in the twelve-horse field. Rounding the home turn, Mr Renault said, Mr Whittaker used his whip in a “tapping motion” and not a striking motion. From that point, Mr Renault alleged that Mr Whittaker had used his whip, in a striking motion, on 16 occasions. There had been some “pushes” in the middle of those, Mr Renault said.
Mr Whittaker told the Committee that he accepted the alleged count of 16 strikes. He did not wish to comment.
Mr Williamson confirmed acceptance of the number of strikes but submitted that those strikes were not of a force which might be expected from, say, a senior horseman.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Whittaker has admitted the breach which has been found proved accordingly.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Whittaker is in his first season as a Junior Driver. He has had a total of 53 drives and has not been spoken to by Stewards in relation to any Rule. It is an excellent record. Under the sliding scale in the Regulations, the penalty for a first offence of 16 strikes is a fine of $300 and he submitted that there was no need for the Committee to depart from that.
Mr Williamson said that it was only Mr Whittaker’s third drive at Addington which has a longer straight than Auckland where he has been driving. Mr Whittaker believed that this was a factor. He referred to Mr Whittaker’s excellent as mentioned by Mr Renault.
reasonsforpenalty:
In deciding penalty, the Committee had regard to the “sliding scale” in the Use of the Whip Regulations for a number of strikes in the 14-16 range – a fine of $300.
There were no aggravating factors in the view of the Committee. The Committee noted that CHIEF KAPAI had finished in 7th placing. Most of the strikes were not delivered with force and were not continuous. Mr Williamson put forward a couple of factors on Mr Whittaker’s behalf by way of mitigation – unfamiliarity with the track, low force of the strikes and Mr Whittaker’s record. However, the Committee did not consider that those factors warranted a discount from the scale penalty.
penalty:
Mr Whittaker was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr LJ Whittaker - Licensed Junior Driver
Otherperson: Mr BM Williamson - Licensed Open Driver assisting Mr Whittaker
PersonPresent:
Respondent:
StipendSteward:
raceid: e3adc2da966fb05f792a683e98a638fd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6fa1c3fc1adb81d203ad795b625537b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2018
meet_title: NZ Metro TC - 13 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC