NZ Metropolitan TC 19 October 2018 – R 6 – Chair, Mr D Jackson
ID: JCA10699
Meet Title:
NZ Metro TC - 19 October 2018
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/10/19
Race Number:
R 6
Decision:
In light of Mr Payne’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
Penalty:
Mr Payne is suspended for four days comprising the following dates 28 and 29 October, 2 and 3 November 2018.
Facts:
Following the running of Race 6, the Dakins Group Handicap Pace (2600m), an Information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr Payne, alleging a breach of Rule 869(2). The information stated that Mr Payne used his whip in contravention of the use of whip guidelines.
Rule 869(2) provides:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
The Use of Whip Guidelines prohibit more than ten strikes inside the final 400 metres.
Mr Payne admitted the charge in writing and indicated on the information that “I do not wish to be present at the hearing of this information”.
Mr Ydgren played the final 500 metres of the race video. Mr Payne’s drive, KARDLESLER, was in the trail at the 500 metre mark but was under pressure thereafter and tired, losing touch with the leading horses and other faster finishers. Mr Payne began the first of 13 or 14 strikes at the 400 metre mark, which continued during the run home up the straight.
None of the strikes observed were hard but they were delivered to a horse which was plainly tiring and not responding to Mr Payne’s urgings.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Payne was suspended for three days for excessive use of the whip at the Ashburton Trotting Club meeting on 3 June 2018. He referred to the penalty provisions set out in the Judicial Committee Penalty Guidelines and the Use of Whip Guidelines, which suggested a starting point suspension of three to five days for a second breach within a six month or 200 drive period. In the circumstances, Mr Ydgren proposed a four day suspension.
Reasons for Penalty:
The Committee agrees with Mr Ydgren. Under the Guidelines this second breach of the Rule warrants a higher penalty than that imposed on 3 June 2018. We assess Mr Payne’s culpability here as medium. On balance, considering the fact that all of the strikes were delivered to a tiring horse, but noting that they were not hard and numbered no more than 13 or 14 strikes, Mr Payne will be suspended for four days.
JCA Decision Fields (raw)
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hearingid: 07ea81e86f66d742137913d131c40fcb
informantnumber: A12403
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 22/10/2018
hearing_title: NZ Metropolitan TC 19 October 2018 - R 6 - Chair, Mr D Jackson
charge:
facts:
Following the running of Race 6, the Dakins Group Handicap Pace (2600m), an Information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr Payne, alleging a breach of Rule 869(2). The information stated that Mr Payne used his whip in contravention of the use of whip guidelines.
Rule 869(2) provides:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
The Use of Whip Guidelines prohibit more than ten strikes inside the final 400 metres.
Mr Payne admitted the charge in writing and indicated on the information that “I do not wish to be present at the hearing of this information”.
Mr Ydgren played the final 500 metres of the race video. Mr Payne’s drive, KARDLESLER, was in the trail at the 500 metre mark but was under pressure thereafter and tired, losing touch with the leading horses and other faster finishers. Mr Payne began the first of 13 or 14 strikes at the 400 metre mark, which continued during the run home up the straight.
None of the strikes observed were hard but they were delivered to a horse which was plainly tiring and not responding to Mr Payne’s urgings.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Mr Payne’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Payne was suspended for three days for excessive use of the whip at the Ashburton Trotting Club meeting on 3 June 2018. He referred to the penalty provisions set out in the Judicial Committee Penalty Guidelines and the Use of Whip Guidelines, which suggested a starting point suspension of three to five days for a second breach within a six month or 200 drive period. In the circumstances, Mr Ydgren proposed a four day suspension.
reasonsforpenalty:
The Committee agrees with Mr Ydgren. Under the Guidelines this second breach of the Rule warrants a higher penalty than that imposed on 3 June 2018. We assess Mr Payne’s culpability here as medium. On balance, considering the fact that all of the strikes were delivered to a tiring horse, but noting that they were not hard and numbered no more than 13 or 14 strikes, Mr Payne will be suspended for four days.
penalty:
Mr Payne is suspended for four days comprising the following dates 28 and 29 October, 2 and 3 November 2018.
hearing_type: Hearing
Rules: 869(2) and use of whip regulations
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr R Payne - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dd53e60e774530033a3188b9ed31102b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0f3eb280ad9bf976fcdbe308a8d4b253
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2018
meet_title: NZ Metro TC - 19 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC