NZ Metro TC 13 November 2018 – R 10 – Chair, Mr R McKenzie
ID: JCA11363
Meet Title:
NZ Metro TC - 13 November 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2018/11/13
Race Number:
R10
Decision:
Ms Rasmussen having admitted the breach, the charge was found proved.
Penalty:
Ms Rasmussen’s Open Driver’s Licence is suspended from after the close of racing on 16 November 2018 up to and including 30 November 2018 – 3 days. In addition, Ms Rasmussen is fined the sum of $2,500.
Facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms N C Rasmussen, alleging that, as the driver of THE FIXER in the race, she “used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Ms Rasmussen had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule, the Regulation and the charge and confirmed that the breach was admitted.
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 showed video replays of the final 400 metres of the race. He pointed out THE FIXER, driven by Ms Rasmussen, racing in the trail the leader, DREAM ABOUT ME, and taking the passing lane. The allegation of the Stewards, Mr Ydgren said, was that Ms Rasmussen had used her whip in a striking motion on 12 occasions from that point to the finishing line.
Ms Rasmussen said that she accepted the alleged count of 12 strikes. She said that she had had a number of drives earlier in the day, several of them in Group races, and had been conscious of her whip use, but she accepted that she had breached the Rule on this occasion.
Submissions for Penalty:
Mr Ydgren began by giving to the Committee details of Ms Rasmussen’s record, which is not a good one, he said. She was fined $1,000 on 2 November at Addington and, at Kaikoura on 29 October, she was fined the sum of $300. Three breaches in the last 3 weeks is of concern, Mr Ydgren said. The race concerned is the biggest race on the New Zealand harness racing calendar and the penalty should reflect that, he said. When questioned by the Committee as to the force of the strikes, Mr Ydgren replied that the force of the strikes would not have drawn the attention of the Stewards, but it was rather the number of strikes which, he accepted, was just over the 10-strike threshold.
Mr Ydgren said that Stewards’ submission was for a fine and a suspension. A suspension of 3 days would be appropriate, Mr Ydgren said, together with a significant fine. He was submitting for a fine on the basis that Ms Rasmussen would be unlikely to have many drives at upcoming meetings. Ms Rasmussen accepted that a fine in addition to a period of suspension would be in order.
Reasons for Penalty:
The Penalty Guide starting point for a second or subsequent breach of the Rule is a 3-5 days suspension. That is of limited assistance to the Committee in this case. This breach occurred in a “major race” – in fact, the biggest harness race in the country. In addition, Ms Rasmussen’s record under the Rule is poor – her third breach in less than 3 weeks. The use of the whip in this instance is in the mid-to-low range at worst.
Mr Ydgren has submitted for a combined penalty of a suspension and a fine. This would be somewhat unusual but the circumstances of this case are unusual. Ms Rasmussen did not dispute that, in the next couple of weeks, she is unlikely to have many drives. Therefore, a suspension alone would not be a meaningful penalty and we accept the need for a financial penalty to accompany a term of suspension. The fine needs to reflect the status of the race and the stake payable and, also, Ms Rasmussen’s poor record under the Rule.
The Committee concludes that an appropriate penalty will be a suspension of 3 days and a fine which we have set at $2,500 which penalty, we believe, will adequately punish the breach and provide a sufficient deterrent.
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: 19d37c729b438adc641ac53f91f290ec
informantnumber: A12415
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2018
hearing_title: NZ Metro TC 13 November 2018 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms N C Rasmussen, alleging that, as the driver of THE FIXER in the race, she “used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Ms Rasmussen had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule, the Regulation and the charge and confirmed that the breach was admitted.
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 showed video replays of the final 400 metres of the race. He pointed out THE FIXER, driven by Ms Rasmussen, racing in the trail the leader, DREAM ABOUT ME, and taking the passing lane. The allegation of the Stewards, Mr Ydgren said, was that Ms Rasmussen had used her whip in a striking motion on 12 occasions from that point to the finishing line.
Ms Rasmussen said that she accepted the alleged count of 12 strikes. She said that she had had a number of drives earlier in the day, several of them in Group races, and had been conscious of her whip use, but she accepted that she had breached the Rule on this occasion.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Rasmussen having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren began by giving to the Committee details of Ms Rasmussen’s record, which is not a good one, he said. She was fined $1,000 on 2 November at Addington and, at Kaikoura on 29 October, she was fined the sum of $300. Three breaches in the last 3 weeks is of concern, Mr Ydgren said. The race concerned is the biggest race on the New Zealand harness racing calendar and the penalty should reflect that, he said. When questioned by the Committee as to the force of the strikes, Mr Ydgren replied that the force of the strikes would not have drawn the attention of the Stewards, but it was rather the number of strikes which, he accepted, was just over the 10-strike threshold.
Mr Ydgren said that Stewards’ submission was for a fine and a suspension. A suspension of 3 days would be appropriate, Mr Ydgren said, together with a significant fine. He was submitting for a fine on the basis that Ms Rasmussen would be unlikely to have many drives at upcoming meetings. Ms Rasmussen accepted that a fine in addition to a period of suspension would be in order.
reasonsforpenalty:
The Penalty Guide starting point for a second or subsequent breach of the Rule is a 3-5 days suspension. That is of limited assistance to the Committee in this case. This breach occurred in a “major race” – in fact, the biggest harness race in the country. In addition, Ms Rasmussen’s record under the Rule is poor – her third breach in less than 3 weeks. The use of the whip in this instance is in the mid-to-low range at worst.
Mr Ydgren has submitted for a combined penalty of a suspension and a fine. This would be somewhat unusual but the circumstances of this case are unusual. Ms Rasmussen did not dispute that, in the next couple of weeks, she is unlikely to have many drives. Therefore, a suspension alone would not be a meaningful penalty and we accept the need for a financial penalty to accompany a term of suspension. The fine needs to reflect the status of the race and the stake payable and, also, Ms Rasmussen’s poor record under the Rule.
The Committee concludes that an appropriate penalty will be a suspension of 3 days and a fine which we have set at $2,500 which penalty, we believe, will adequately punish the breach and provide a sufficient deterrent.
penalty:
Ms Rasmussen’s Open Driver’s Licence is suspended from after the close of racing on 16 November 2018 up to and including 30 November 2018 – 3 days. In addition, Ms Rasmussen is fined the sum of $2,500.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: N C Rasmussen, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b04569e804202cb215095f9f36e92854
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 84d9c540bc11e1f57e20660c3eac7777
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2018
meet_title: NZ Metro TC - 13 November 2018
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