NZ Metro TC 26 July 2019 – R 3 – Chair, Mr S Ching
ID: JCA11922
Meet Title:
NZ Metro TC - 26 July 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/07/26
Race Number:
R3
Decision:
As Mr Mcllwrick had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Mcllwrick is fined the sum of $300.
Facts:
Following the running of Race 3, the Macca Lodge-Trained South of the Waitaki Series Final Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr R Mcllwrick, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
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 Mcllwrick had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Mcllwrick also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr Mcllwrick driving KANSAS CITY JIM, positioned 4 back on the pylons and in 2nd to last place. Just inside the 400m, Mr Mcllwrick drew the whip and used it on 15 occasions prior to the finish line.
Mr Mcllwrick did not dispute the number of strikes and said that he had had a brain fade. He also apologised to the hearing that he had gone over the limit as per the Guidelines.
Submissions for Penalty:
Mr Ydgren stated that Mr Mcllwrick had driven on 81 occasions so far this season, with in excess of 300 drives in each of the two seasons previous. He said that Mr Mcllwrick had a very good record in regard to this rule and submitted that a fine, as per the JCA Penalty Guide sliding scale of a 14 to 16 strike offence, which provides a $300 fine, be considered as penalty.
Mr Mcllwrick stated that a $300 fine was fair.
Reasons for Penalty:
The JCA Penalty Guide provides a fine of $300, under the sliding scale, for a 14 to 16 strike offence, under this rule. This Committee found that there were no aggravating factors, therefore no uplift in penalty warranted. We therefore determined that as per the sliding scale, a $300 fine was an appropriate penalty.
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: 2bb2142d9f11511618c260975c06d1f7
informantnumber: A10753
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/07/2019
hearing_title: NZ Metro TC 26 July 2019 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Macca Lodge-Trained South of the Waitaki Series Final Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr R Mcllwrick, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
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 Mcllwrick had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Mcllwrick also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr Mcllwrick driving KANSAS CITY JIM, positioned 4 back on the pylons and in 2nd to last place. Just inside the 400m, Mr Mcllwrick drew the whip and used it on 15 occasions prior to the finish line.
Mr Mcllwrick did not dispute the number of strikes and said that he had had a brain fade. He also apologised to the hearing that he had gone over the limit as per the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mcllwrick 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 Mcllwrick had driven on 81 occasions so far this season, with in excess of 300 drives in each of the two seasons previous. He said that Mr Mcllwrick had a very good record in regard to this rule and submitted that a fine, as per the JCA Penalty Guide sliding scale of a 14 to 16 strike offence, which provides a $300 fine, be considered as penalty.
Mr Mcllwrick stated that a $300 fine was fair.
reasonsforpenalty:
The JCA Penalty Guide provides a fine of $300, under the sliding scale, for a 14 to 16 strike offence, under this rule. This Committee found that there were no aggravating factors, therefore no uplift in penalty warranted. We therefore determined that as per the sliding scale, a $300 fine was an appropriate penalty.
penalty:
Accordingly, Mr Mcllwrick is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: R Mcllwrick -Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a2bb2c2488ecd6c19640b2845c607c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 876658817b816e55210cec0f02b8606a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/07/2019
meet_title: NZ Metro TC - 26 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC