Kapiti Coast HRC 27 January 2017 – R 3 – Chair, Mr T Utikere
ID: JCA10764
Meet Title:
Kapiti Coast HRC - 27 January 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/01/27
Race Number:
R3
Decision:
As the charge was admitted, the committee deemed the charge to be proved.
Penalty:
Mr Abernethy is fined $400.
Facts:
Following the running of Race 3 (PALAMOUNTAINS/NUTRITION/MANSELL MEMORIAL MOBILE PACE 2100m), Open Horseman J Abernethy was charged with a breach of Rule 869(2)(a). The Information stated: "... He used his whip excessively driving PAUL'S VERDICT over the final stages."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
Mr Abernethy confirmed that he understood the rule and that he admitted the breach.
Using the available side-on film, Stipendiary Steward Mr Mulcay identified Mr Abernethy (PAUL'S VERDICT) adjacent to the 400m mark racing in the three-wide line as the runners ran for home. He observed that Mr Abernethy had balanced up and then commenced to use his whip approximately 13 times. While PAUL's VERDICT went on to run second, Mr Mulcay submitted that the incident was outside of the Whip Guidelines of 10 strikes with the free hand within the final 400 metres.
Mr Abernethy stated that he had paused a couple of times, but with the straight being a long one, he had simply gone over the maximum permitted.
Submissions for Penalty:
Mr Mulcay identified that Mr Abernethy had a clear record under this rule. He noted the JCA Penalty Guidelines for a first offence identified a $500 starting point or a 2 day suspension. He submitted that he had no opposition to a reduction in penalty from the starting point in line with other penalties for the same offence in recent times.
Mr Abernethy told the committee that this was his first breach of this rule in a two year period. He advised that he was aware that in the South Island, drivers had been given credit of $100 for their good record and a further $100 for their admission of the breach; resulting in fines of $300. He contrasted this with two drivers at a recent North Island meeting where these drivers were fined the sum of $400. Mr Abernethy advised the committee that in light of the $400 fines given to those two drivers, Harness Racing New Zealand (HRNZ) had given each of those two drivers a $100 credit.
The committee asked Mr Mulcay to explain this further. In response he advised that it was his understanding that all JCA panellists had been written to by the Chair of the JCA in relation to penalties imposed under this rule since the adoption of the new whip guidelines on 1 December 2016. He understood HRNZ had "refunded" the two drivers who had been fined $400 (S Cruickshank and T Lethaby) the sum of $100, and that the penalties imposed by judicial committees were now in line with that directive, and that they were now fines of $300.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr Abernethy had used his whip 13 times within the final 400 metres. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. The RIU have made reference in their submissions to a directive around the settings of penalties for specific breaches of this rule. Even if such a directive existed, it would not detract from the responsibilities of a Judicial Committee to consider the specific context and circumstances of an alleged breach, rather than simply impose a blanket specified fine regardless of the specific circumstances of a breach. In mitigation the committee considered Mr Abernethy's early admission of the breach and his record under this rule. Upon review of the side-on film, it was evident that it was a very close finish for second, third, fourth and fifth positions. As such, we determined that an aggravating consideration was that PAUL'S VERDICT finished in second place by a narrow margin of a head, with a nose and a further nose to those two runners placed immediately behind him. It is clear to the committee that those drivers whose horses placed third, fourth and fifth drove within the Whip Guidelines whereas Mr Abernethy did not. After considering all factors of mitigation and aggravation we considered a $400 fine as appropriate. The committee also expresses concern in relation to the actions of Harness Racing New Zealand (HRNZ) in essentially "refunding" a quantum to two previous drivers who had been fined $400 each. For HRNZ to adopt such a practice potentially undermines the integrity of the independent judicial decision-making process. Judicial Committees have a statutory responsibility to impose penalties after careful and considered consideration without interference or undue influence. If parties are unhappy with penalties that are imposed, there is an Appeal Process available to them.
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: 0c9464a5756afcd67d01100f0b82e7a2
informantnumber: A7015
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2017
hearing_title: Kapiti Coast HRC 27 January 2017 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (PALAMOUNTAINS/NUTRITION/MANSELL MEMORIAL MOBILE PACE 2100m), Open Horseman J Abernethy was charged with a breach of Rule 869(2)(a). The Information stated: "... He used his whip excessively driving PAUL'S VERDICT over the final stages."
Rule 869(2) reads: "No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
Mr Abernethy confirmed that he understood the rule and that he admitted the breach.
Using the available side-on film, Stipendiary Steward Mr Mulcay identified Mr Abernethy (PAUL'S VERDICT) adjacent to the 400m mark racing in the three-wide line as the runners ran for home. He observed that Mr Abernethy had balanced up and then commenced to use his whip approximately 13 times. While PAUL's VERDICT went on to run second, Mr Mulcay submitted that the incident was outside of the Whip Guidelines of 10 strikes with the free hand within the final 400 metres.
Mr Abernethy stated that he had paused a couple of times, but with the straight being a long one, he had simply gone over the maximum permitted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge to be proved.
sumissionsforpenalty:
Mr Mulcay identified that Mr Abernethy had a clear record under this rule. He noted the JCA Penalty Guidelines for a first offence identified a $500 starting point or a 2 day suspension. He submitted that he had no opposition to a reduction in penalty from the starting point in line with other penalties for the same offence in recent times.
Mr Abernethy told the committee that this was his first breach of this rule in a two year period. He advised that he was aware that in the South Island, drivers had been given credit of $100 for their good record and a further $100 for their admission of the breach; resulting in fines of $300. He contrasted this with two drivers at a recent North Island meeting where these drivers were fined the sum of $400. Mr Abernethy advised the committee that in light of the $400 fines given to those two drivers, Harness Racing New Zealand (HRNZ) had given each of those two drivers a $100 credit.
The committee asked Mr Mulcay to explain this further. In response he advised that it was his understanding that all JCA panellists had been written to by the Chair of the JCA in relation to penalties imposed under this rule since the adoption of the new whip guidelines on 1 December 2016. He understood HRNZ had "refunded" the two drivers who had been fined $400 (S Cruickshank and T Lethaby) the sum of $100, and that the penalties imposed by judicial committees were now in line with that directive, and that they were now fines of $300.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It is clear from the side-on film that Mr Abernethy had used his whip 13 times within the final 400 metres. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 fine for a first breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. The RIU have made reference in their submissions to a directive around the settings of penalties for specific breaches of this rule. Even if such a directive existed, it would not detract from the responsibilities of a Judicial Committee to consider the specific context and circumstances of an alleged breach, rather than simply impose a blanket specified fine regardless of the specific circumstances of a breach. In mitigation the committee considered Mr Abernethy's early admission of the breach and his record under this rule. Upon review of the side-on film, it was evident that it was a very close finish for second, third, fourth and fifth positions. As such, we determined that an aggravating consideration was that PAUL'S VERDICT finished in second place by a narrow margin of a head, with a nose and a further nose to those two runners placed immediately behind him. It is clear to the committee that those drivers whose horses placed third, fourth and fifth drove within the Whip Guidelines whereas Mr Abernethy did not. After considering all factors of mitigation and aggravation we considered a $400 fine as appropriate. The committee also expresses concern in relation to the actions of Harness Racing New Zealand (HRNZ) in essentially "refunding" a quantum to two previous drivers who had been fined $400 each. For HRNZ to adopt such a practice potentially undermines the integrity of the independent judicial decision-making process. Judicial Committees have a statutory responsibility to impose penalties after careful and considered consideration without interference or undue influence. If parties are unhappy with penalties that are imposed, there is an Appeal Process available to them.
penalty:
Mr Abernethy is fined $400.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: J Abernethy-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5f1a8ce017aa0c9338cbe12931e0cf1e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa2df58a1c4b0adf560242207d64b7c3
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2017
meet_title: Kapiti Coast HRC - 27 January 2017
meet_expappcomment:
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meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC