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NZ Metro TC 8 April 2011 – R1

ID: JCA11813

Applicant:
N G McIntyre/J W Muirhead, Stipendiary Stewards

Respondent(s):
P C Nairn, Licensed Open Horseman

Information Number:
69031

Hearing Type:
Hearing

Rules:
Rule 869 (2) (a) Excessive use of the whip

Plea:
admitted

Meet Title:
NZ Metro TC - 8 April 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Meet Committee Member 2:
BScott

Race Date:
2011/04/08

Race Number:
R1

Decision:

The charge was found proved.

Penalty:

Mr Nairn was fined the sum of $250.

Charge:

Following the running of Race 1, Caduceus Club of Auckland-Armacup Maritime Services Limited-Chevron Quality Cars Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr P C Nairn, alleging a breach of Rule 869 (2) (a) in that Mr Nairn, as the driver of BROOKSIDE FILLY in the race, “used his whip to excess in the home straight”.
Mr Nairn was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

Facts:

Mr Muirhead submitted that the breach was “above medium, medium to high” because Mr Nairn had struck the horse, though not with a “huge arm action”, 35 times in the run home.
Mr Muirhead showed video replays of the final 200-300 metres of the race. He alleged that, between the 300 metres and the 150 metres, Mr Nairn had hit the horse 20 times. From that point he continued to hit the horse. Mr Nairn had used the whip three times on the shaft and then had hit the horse “continuously, rapidly”, he alleged. Such use was excessive and inappropriate in terms of the guidelines, Mr Muirhead alleged.
Mr Nairn stated that he was trying to get his horse to do the best it could, “without knocking it around”.
Mr Nairn said the he was not familiar with the guidelines regarding use of the whip. At Mr Nairn’s request, Mr Muirhead read the relevant guidelines.
Mr Nairn asked the Committee to take into account the force of the strikes. He submitted that he was just “encouraging” the horse without hitting it very hard at all or “punishing” it.

Submissions for Penalty:

Mr Muirhead referred to the guidelines (a fine of $250 as a starting point) and the status of the race.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Nairn’s admission of the breach and his clear record under the Rule, of which it had notice. The Committee did not agree with Mr Muirhead’s submission that the breach was medium to high on a scale of seriousness. It appeared to the Committee that, among the 35 strikes alleged by Mr Muirhead, were many almost insignificant strikes which were more in the nature of “flicks”. The Committee viewed the breach as being at the lower end.

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: 257943607eb983af8d29140fa536f4cf

informantnumber: 69031

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 24/02/2011

hearing_title: NZ Metro TC 8 April 2011 - R1

charge:

Following the running of Race 1, Caduceus Club of Auckland-Armacup Maritime Services Limited-Chevron Quality Cars Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr P C Nairn, alleging a breach of Rule 869 (2) (a) in that Mr Nairn, as the driver of BROOKSIDE FILLY in the race, “used his whip to excess in the home straight”.
Mr Nairn was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

facts:

Mr Muirhead submitted that the breach was “above medium, medium to high” because Mr Nairn had struck the horse, though not with a “huge arm action”, 35 times in the run home.
Mr Muirhead showed video replays of the final 200-300 metres of the race. He alleged that, between the 300 metres and the 150 metres, Mr Nairn had hit the horse 20 times. From that point he continued to hit the horse. Mr Nairn had used the whip three times on the shaft and then had hit the horse “continuously, rapidly”, he alleged. Such use was excessive and inappropriate in terms of the guidelines, Mr Muirhead alleged.
Mr Nairn stated that he was trying to get his horse to do the best it could, “without knocking it around”.
Mr Nairn said the he was not familiar with the guidelines regarding use of the whip. At Mr Nairn’s request, Mr Muirhead read the relevant guidelines.
Mr Nairn asked the Committee to take into account the force of the strikes. He submitted that he was just “encouraging” the horse without hitting it very hard at all or “punishing” it.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The charge was found proved.

sumissionsforpenalty:

Mr Muirhead referred to the guidelines (a fine of $250 as a starting point) and the status of the race.

reasonsforpenalty:

In determining penalty, the Committee took into account Mr Nairn’s admission of the breach and his clear record under the Rule, of which it had notice. The Committee did not agree with Mr Muirhead’s submission that the breach was medium to high on a scale of seriousness. It appeared to the Committee that, among the 35 strikes alleged by Mr Muirhead, were many almost insignificant strikes which were more in the nature of “flicks”. The Committee viewed the breach as being at the lower end.

penalty:

Mr Nairn was fined the sum of $250.

hearing_type: Hearing

Rules: Rule 869 (2) (a) Excessive use of the whip

Informant: N G McIntyre/J W Muirhead, Stipendiary Stewards

JockeysandTrainer: P C Nairn, Licensed Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 50c043103c03a248779677d54d686934

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: 38552d372014ba612cbec6c32d948c35

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 08/04/2011

meet_title: NZ Metro TC - 8 April 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Panel member 2 ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: JPhelan

meet_pm2: BScott

name: NZ Metro TC