NZ Metro TC 2 August 2019 – R 6 – Chair, Mr D Jackson
ID: JCA12380
Meet Title:
NZ Metro TC - 2 August 2019
Meet Chair:
DJackson
Meet Committee Member 1:
HWeston
Race Date:
2019/08/02
Race Number:
R 6
Decision:
In light of Ms Cox’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
Penalty:
Accordingly, Ms Cox is suspended for two days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Rangiora on 11 August and Addington on 16 August 2019.
Facts:
Ms Cox admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 6 of this meeting she used her whip excessively over the concluding stages of the race when driving SPY DA MOMENT.
This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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.
Ms Cox countersigned the information admitting the charge and confirmed same when she appeared before the Committee.
Through video evidence Mr Ydgren showed Ms Cox strike her drive with the whip 12 times during its run down the home straight to the finish.
Submissions for Penalty:
Mr Ydgren submitted that Ms Cox benefitted from the six-month clean slate or “re-set” provision of the whip regulations. As a result, her record was clear. However, Mr Ydgren went on to submit that this was Ms Cox’s third breach of the rule in the last 12 months (with similar breaches on 31 August 2018 and 2 December 2018). Mr Ydgren submitted that for a driver who was not “overly busy” a third breach in a year simply was not good enough. He invited the Committee to consider a suspension. He indicated a starting point of 3 days was appropriate. Otherwise, the sliding scale provided for a fine of $200.00.
Ms Cox initially sought a fine per the sliding scale of $200.00. Upon further consideration, Ms Cox sought a suspension of 1 day.
Reasons for Penalty:
The Committee is prepared to suspend Ms Cox in the circumstances. However, a 1-day suspension would be a disproportionate penalty for the breach. That is to say, for a driver of Ms Cox’s experience and workload (meaning the frequency with which she drives at meetings) it would be no penalty at all. The JCA Penalty Guidelines call for a suspension start point of three to five days. We fix the start point as three days. Her record is clear by operation of the clean slate provision. There is no uplift. From that three-day start point we will deduct one day for her admission.
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: 5597d43dd517a75afa5c3045c50a504c
informantnumber: A10755
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 05/08/2019
hearing_title: NZ Metro TC 2 August 2019 - R 6 - Chair, Mr D Jackson
charge:
facts:
Ms Cox admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 6 of this meeting she used her whip excessively over the concluding stages of the race when driving SPY DA MOMENT.
This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (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.
Ms Cox countersigned the information admitting the charge and confirmed same when she appeared before the Committee.
Through video evidence Mr Ydgren showed Ms Cox strike her drive with the whip 12 times during its run down the home straight to the finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Ms Cox’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that Ms Cox benefitted from the six-month clean slate or “re-set” provision of the whip regulations. As a result, her record was clear. However, Mr Ydgren went on to submit that this was Ms Cox’s third breach of the rule in the last 12 months (with similar breaches on 31 August 2018 and 2 December 2018). Mr Ydgren submitted that for a driver who was not “overly busy” a third breach in a year simply was not good enough. He invited the Committee to consider a suspension. He indicated a starting point of 3 days was appropriate. Otherwise, the sliding scale provided for a fine of $200.00.
Ms Cox initially sought a fine per the sliding scale of $200.00. Upon further consideration, Ms Cox sought a suspension of 1 day.
reasonsforpenalty:
The Committee is prepared to suspend Ms Cox in the circumstances. However, a 1-day suspension would be a disproportionate penalty for the breach. That is to say, for a driver of Ms Cox’s experience and workload (meaning the frequency with which she drives at meetings) it would be no penalty at all. The JCA Penalty Guidelines call for a suspension start point of three to five days. We fix the start point as three days. Her record is clear by operation of the clean slate provision. There is no uplift. From that three-day start point we will deduct one day for her admission.
penalty:
Accordingly, Ms Cox is suspended for two days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Rangiora on 11 August and Addington on 16 August 2019.
hearing_type: Hearing
Rules: 869(2)(A)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms K Cox - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a7cc590af48fb08493285745f5bcb49f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6588692f1de8c8f768ad6e4081f413fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/08/2019
meet_title: NZ Metro TC - 2 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC