Archive Decision

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NZ Metropolitan TC 26 May 2018 – R 1 – Chair, Mr S Ching

ID: JCA11129

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr G Hunt - Licensed Graduation Horseman

Information Number:
A 10231

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
869(2)- Whip Regulation (b)

Plea:
admitted

Meet Title:
NZ Metro TC - 26 May 2018

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/05/26

Race Number:
R1

Decision:

As Mr Hunt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Mr Hunt was fined the sum of $200.

Facts:

Following the running of Race 1, the In Loving Memory Of Colin Steele Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Graduation Horseman, Mr G Hunt, alleging a breach of Rule 869(2) in that he used his whip in an excessive manner in the final 400 metres.

Rule 869(2) reads as follows:
869 (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.

Whip Regulation (b) reads as follows;
(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 Hunt had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Hunt, driving FOREIGNER, inside the 400m and racing in the lead position as the field turned for home. Mr Ydgren said that after entering the home straight, Mr Hunt drew the whip and struck FOREIGNER, 13 times in a forehand action over the concluding stages which was in breach of the Whip Guideline Regulations.

Submissions for Penalty:

Mr Ydgren stated that Mr Hunt had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale. Mr Ydgren submitted that a fine of $200 be imposed in this case.

Reasons for Penalty:

The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes, mitigation inclusive. This Committee determined that here were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a $200 fine was an appropriate penalty in this case.

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: 1491c969a385ddfb8c71534b0ab04f91


informantnumber: A 10231


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 27/05/2018


hearing_title: NZ Metropolitan TC 26 May 2018 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the In Loving Memory Of Colin Steele Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Graduation Horseman, Mr G Hunt, alleging a breach of Rule 869(2) in that he used his whip in an excessive manner in the final 400 metres.

Rule 869(2) reads as follows:
869 (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.

Whip Regulation (b) reads as follows;
(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 Hunt had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Hunt, driving FOREIGNER, inside the 400m and racing in the lead position as the field turned for home. Mr Ydgren said that after entering the home straight, Mr Hunt drew the whip and struck FOREIGNER, 13 times in a forehand action over the concluding stages which was in breach of the Whip Guideline Regulations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hunt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Ydgren stated that Mr Hunt had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale. Mr Ydgren submitted that a fine of $200 be imposed in this case.


reasonsforpenalty:

The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes, mitigation inclusive. This Committee determined that here were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a $200 fine was an appropriate penalty in this case.


penalty:

Accordingly, Mr Hunt was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)- Whip Regulation (b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr G Hunt - Licensed Graduation Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cb79d102940af218dcbb4209bc8ccd9c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b2c3608f66de60cb13afbac8a5a8806a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/05/2018


meet_title: NZ Metro TC - 26 May 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC