Banks Peninsula TC 23 November 2014 – R 5
ID: JCA11413
Meet Title:
Banks Peninsula TC - 23 November 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/11/23
Race Number:
R5
Decision:
Miss Neilson having admitted the charge, the charge was found proved.
Penalty:
Miss Neilson was fined the sum of $200.00.
Facts:
Following the running of Race 5, Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss M A Neilson, alleging that Miss Neilson, as the driver of ARIZONA EYRE in the race, “used her whip in a manner that the Stewards deem to be excessive in the final straight”.
Miss Neilson was present at the hearing of the information and she indicated that she admitted the charge. Miss Neilson was assisted at the hearing by Licensed Open Driver, Mr J R Dunn.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed video replays of the final 300-400 metres of the race. He pointed out ARIZONA EYRE, driven by Miss Neilson, trailing the leader as the field entered the home straight. Upon straightening, Miss Neilson activated the ear plugs and blinds and commenced using her whip, some 250 metres from the finish. Stewards estimated that, from that point, Miss Neilson used her whip, with her hand free of the rein, on approximately 23 occasions, which the Stewards deemed was excessive, Mr Renault said. Miss Neilson’s use of the whip from the 250 metres was continuous with no pauses, he said.
Mr Dunn, on Miss Neilson’s behalf, submitted that there were no pauses but the strikes were not “hard hits”. He pointed out that Miss Neilson had been in contention until very close to the finish. The Committee noted that ARIZONA EYRE had finished in 5th placing, the margins being 3 lengths, ½ length, a ½ head and a head.
Submissions for Penalty:
Mr Renault informed the Committee that Miss Neilson has had 26 drives in the current season prior to today’s meeting and had a total of 49 drives in the 2013/2014 season, so she was busy for a Junior Driver. She had been fined $200 at Ashburton on 8th February 2014 for excessive use of the whip. Mr Renault described her record as being “relatively good”. The Stewards placed the seriousness of the breach at the lower end, Mr Renault said. He submitted that a fine of $200-250 was appropriate, having regard to all factors.
Mr Dunn submitted that the strikes were not forceful and, number-wise, only just exceeded the threshold of 20 permitted by the Stewards. He submitted that her record was a good one. He submitted for a fine at the lower end of the range submitted by Mr Renault.
Reasons for Penalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point for a second breach of the Rule within a year of 10 drives or a fine of $500. However, it would have been unduly harsh to adopt that starting point in all of the circumstances of this case. Taking a more appropriate starting point of a $300 fine (a fine being the appropriate penalty) the Committee was able to give Miss Neilson a discount for her admission of the breach. A further mitigating factor was the low-end nature of the breach. The Committee did not take into account as an aggravating factor the breach of the Rule nearly 10 months ago and there were no other aggravating factors.
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: 1b2026b11a781e8c94f748415d09a050
informantnumber: A6493
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2014
hearing_title: Banks Peninsula TC 23 November 2014 - R 5
charge:
facts:
Following the running of Race 5, Christian Cullen Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss M A Neilson, alleging that Miss Neilson, as the driver of ARIZONA EYRE in the race, “used her whip in a manner that the Stewards deem to be excessive in the final straight”.
Miss Neilson was present at the hearing of the information and she indicated that she admitted the charge. Miss Neilson was assisted at the hearing by Licensed Open Driver, Mr J R Dunn.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault showed video replays of the final 300-400 metres of the race. He pointed out ARIZONA EYRE, driven by Miss Neilson, trailing the leader as the field entered the home straight. Upon straightening, Miss Neilson activated the ear plugs and blinds and commenced using her whip, some 250 metres from the finish. Stewards estimated that, from that point, Miss Neilson used her whip, with her hand free of the rein, on approximately 23 occasions, which the Stewards deemed was excessive, Mr Renault said. Miss Neilson’s use of the whip from the 250 metres was continuous with no pauses, he said.
Mr Dunn, on Miss Neilson’s behalf, submitted that there were no pauses but the strikes were not “hard hits”. He pointed out that Miss Neilson had been in contention until very close to the finish. The Committee noted that ARIZONA EYRE had finished in 5th placing, the margins being 3 lengths, ½ length, a ½ head and a head.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Neilson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Miss Neilson has had 26 drives in the current season prior to today’s meeting and had a total of 49 drives in the 2013/2014 season, so she was busy for a Junior Driver. She had been fined $200 at Ashburton on 8th February 2014 for excessive use of the whip. Mr Renault described her record as being “relatively good”. The Stewards placed the seriousness of the breach at the lower end, Mr Renault said. He submitted that a fine of $200-250 was appropriate, having regard to all factors.
Mr Dunn submitted that the strikes were not forceful and, number-wise, only just exceeded the threshold of 20 permitted by the Stewards. He submitted that her record was a good one. He submitted for a fine at the lower end of the range submitted by Mr Renault.
reasonsforpenalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point for a second breach of the Rule within a year of 10 drives or a fine of $500. However, it would have been unduly harsh to adopt that starting point in all of the circumstances of this case. Taking a more appropriate starting point of a $300 fine (a fine being the appropriate penalty) the Committee was able to give Miss Neilson a discount for her admission of the breach. A further mitigating factor was the low-end nature of the breach. The Committee did not take into account as an aggravating factor the breach of the Rule nearly 10 months ago and there were no other aggravating factors.
penalty:
Miss Neilson was fined the sum of $200.00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: M A Neilson, Licensed Junior Driver
Otherperson: J R Dunn, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 310d942cdbb8cd7ee8456962ca125026
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b7cdcdac1350bd898e5ab0858579027
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2014
meet_title: Banks Peninsula TC - 23 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC