NZ Metro TC 5 April 2019 – R 8 – Chair, Mr R McKenzie
ID: JCA11069
Meet Title:
NZ Metro TC - 5 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/04/05
Race Number:
R8
Decision:
Mr Houghton having admitted the breach, the charge was found proved.
Penalty:
Mr Houghton’s Open Driver’s licence is suspended from after the close of racing on 5 April 2019 up to and including 12 May 2019 - 9 days.
Facts:
Following the running of Race 8, Mico Plumbing Hornby Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R L Houghton, alleging that Mr Houghton, as the driver of TAKE AFTER ME in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Houghton had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also indicated that he did not wish to be present at the hearing of the information.
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 Ydgren had Stipendiary Steward, Mr S W Wallis, show a video replay of the final 400 metres of the race. At that point, Mr Wallis said, Mr Houghton, driving TAKE AFTER ME, was trailing the leader GLOBE TREKKER. Mr Wallis alleged that Mr Houghton had used his whip 12 times from that point to the finishing line, finishing in 4th placing. Mr Houghton had viewed the video replay and, we were told, he agreed with the alleged count of 12 strikes.
Submissions for Penalty:
Mr Ydgren outlined details of Mr Houghton’s record to the Committee – 3 April 2019, suspended 6 days at Cheviot and 30 November 2018, suspended 7 days at Addington – in the last 6 months.
Mr Ydgren submitted that it was clear that Mr Houghton was not learning and that penalties, to date, had not been a deterrent. The use of the whip on this occasion involved clear strikes and it appears that Mr Houghton has very little regard for the Rule or the consequences of breaching it, Mr Ydgren said.
Mr Ydgren said that penalties should go up, not down and, on that basis, the penalty for this breach should be more than the last time Mr Houghton breached the Rule (6 days). Mr Houghton was not prepared to discuss with the Stewards, Mr Ydgren said, whether he wanted a deferment or what meetings he wished to be considered.
Reasons for Penalty:
In terms of the Use of the Whip Regulations, this is Mr Houghton’s 3rd breach of the Rule in the last six months. However, this does not tell the real story of Mr Houghton’s record. The Committee believes that it is necessary to go back further than the reset period of 6 months when considering penalty in Mr Houghton’s case. That will show that Mr Houghton has a very poor record regarding use of the whip and that penalties imposed have not appeared to act as a sufficient deterrent.
Going back in Mr Houghton’s record, it can be seen that this present breach is, in fact, his 6th since 22 July last year – in other words, it is his 6th in less than 9 months. On 22 July 2018, Mr Houghton was fined $500 (18 strikes), one week later on 29 July 2018, he was suspended for 4 days (16 strikes). On 30 September 2018, he was again suspended for 5 days (13 strikes). The two most recent penalties are referred to in the Penalty Submissions above. This is an appalling record.
Such a record seems to suggest that Mr Houghton has a problem with use of the whip and the Committee would be remiss in its duty if it failed to reflect that record in penalty and remiss in its duty to deter Mr Houghton from continuing to reoffend. We think it is appropriate to consider that expanded record when determining penalty in this case, rather than Mr Houghton’s record only in the last 6 months.
We note that Mr Houghton has had 90 drives in the current season and, in the 2017/2018 season had a total of 21 drives. He is not one of the busiest drivers.
For his two most recent breaches, Mr Houghton has received terms of suspension of 6 days and, before that, 7 days. These penalties have failed to serve as a sufficient deterrent and, on that basis and for the reasons above, the Committee considers an appropriate term of suspension for the present breach to be 9 days.
One of this Committee’s tasks is to uphold the integrity of harness racing and we have also had that in mind in arriving at the penalty of a 9-days suspension.
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: 14f6293eb0af3fe7f2553ae480151d14
informantnumber: A12437
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2019
hearing_title: NZ Metro TC 5 April 2019 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Mico Plumbing Hornby Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R L Houghton, alleging that Mr Houghton, as the driver of TAKE AFTER ME in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Houghton had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also indicated that he did not wish to be present at the hearing of the information.
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 Ydgren had Stipendiary Steward, Mr S W Wallis, show a video replay of the final 400 metres of the race. At that point, Mr Wallis said, Mr Houghton, driving TAKE AFTER ME, was trailing the leader GLOBE TREKKER. Mr Wallis alleged that Mr Houghton had used his whip 12 times from that point to the finishing line, finishing in 4th placing. Mr Houghton had viewed the video replay and, we were told, he agreed with the alleged count of 12 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Houghton having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren outlined details of Mr Houghton’s record to the Committee – 3 April 2019, suspended 6 days at Cheviot and 30 November 2018, suspended 7 days at Addington – in the last 6 months.
Mr Ydgren submitted that it was clear that Mr Houghton was not learning and that penalties, to date, had not been a deterrent. The use of the whip on this occasion involved clear strikes and it appears that Mr Houghton has very little regard for the Rule or the consequences of breaching it, Mr Ydgren said.
Mr Ydgren said that penalties should go up, not down and, on that basis, the penalty for this breach should be more than the last time Mr Houghton breached the Rule (6 days). Mr Houghton was not prepared to discuss with the Stewards, Mr Ydgren said, whether he wanted a deferment or what meetings he wished to be considered.
reasonsforpenalty:
In terms of the Use of the Whip Regulations, this is Mr Houghton’s 3rd breach of the Rule in the last six months. However, this does not tell the real story of Mr Houghton’s record. The Committee believes that it is necessary to go back further than the reset period of 6 months when considering penalty in Mr Houghton’s case. That will show that Mr Houghton has a very poor record regarding use of the whip and that penalties imposed have not appeared to act as a sufficient deterrent.
Going back in Mr Houghton’s record, it can be seen that this present breach is, in fact, his 6th since 22 July last year – in other words, it is his 6th in less than 9 months. On 22 July 2018, Mr Houghton was fined $500 (18 strikes), one week later on 29 July 2018, he was suspended for 4 days (16 strikes). On 30 September 2018, he was again suspended for 5 days (13 strikes). The two most recent penalties are referred to in the Penalty Submissions above. This is an appalling record.
Such a record seems to suggest that Mr Houghton has a problem with use of the whip and the Committee would be remiss in its duty if it failed to reflect that record in penalty and remiss in its duty to deter Mr Houghton from continuing to reoffend. We think it is appropriate to consider that expanded record when determining penalty in this case, rather than Mr Houghton’s record only in the last 6 months.
We note that Mr Houghton has had 90 drives in the current season and, in the 2017/2018 season had a total of 21 drives. He is not one of the busiest drivers.
For his two most recent breaches, Mr Houghton has received terms of suspension of 6 days and, before that, 7 days. These penalties have failed to serve as a sufficient deterrent and, on that basis and for the reasons above, the Committee considers an appropriate term of suspension for the present breach to be 9 days.
One of this Committee’s tasks is to uphold the integrity of harness racing and we have also had that in mind in arriving at the penalty of a 9-days suspension.
penalty:
Mr Houghton’s Open Driver’s licence is suspended from after the close of racing on 5 April 2019 up to and including 12 May 2019 - 9 days.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: R L Houghton, Licensed Open Driver
Otherperson: S W Wallis, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a8278b9d913ebc1119e275faf4047f9
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: d49e9102c2d8f117a2f40a90eebde01a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2019
meet_title: NZ Metro TC - 5 April 2019
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