NZ Metro TC 13 November 2018 – R 10 – Chair, Mr R McKenzie
ID: JCA12386
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:
Mr McCarthy having admitted the breach, the charge was found proved.
Penalty:
Mr McCarthy is fined the sum of $1,000.
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 Driver, Mr T McCarthy, alleging that, as the driver of TIGER TARA in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr McCarthy had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he 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 TIGER TARA driven by Mr McCarthy, racing outside the leader, DREAM ABOUT ME, as the field entered the final straight. The allegation of the Stewards was that Mr McCarthy had used his whip in a striking motion on 13 occasions from that point to the finishing line. Mr Ydgren described his whip action as “quite messy”, with a number of pushes and flicks between strikes.
Mr McCarthy said that he accepted the alleged count of 13 strikes. He was aware of the Rule and Guidelines which, he said, differed from the whip rules in Australia. It was the New Zealand Cup and he was doing his best to stay within the guidelines, but it was easy to lose count. He does mix his whip action, he said, using the reins before striking the horse again. He has an “almost faultless” record in his home state. His whip action is not a “high, aggressive” one and the number of strikes was only just over the permissible ten strikes, he said. His style is to use more smaller hits rather than fewer heavier hits, he said. Mr Ydgren confirmed that Stewards had no issue with the force of the strikes.
Submissions for Penalty:
Mr Ydgren began his submission by saying that the race was an $800,000 race, the biggest on the harness racing calendar. The penalty needed to be “significant and meaningful”. Mr Ydgren confirmed that Mr McCarthy has a very good record and is a very busy driver. He had admitted the breach at the first opportunity and his conduct had been professional and very obliging throughout. These factors should be taken into account in fixing penalty, Mr Ydgren said. The Stewards’ submission was for a suspension. Mr McCarthy had advised Stewards that he drives at approximately four meetings per week and a suspension for seven days would include four race meetings, Mr Ydgren said.
Mr McCarthy said that a 7-days suspension would have a financial effect on him. He submitted that it was a low-end breach, being only three strikes over the limit. Further, he said, included in the count were a few “small hits”. A suspension would be quite severe on him. In such a big race, it is hard to keep a count of the number in the final 400 metres, he said. If the Committee were to impose a suspension, he would seek a deferment for 7 days to enable him to fulfil upcoming driving engagements over that period. He asked the Committee to consider a fine.
Mr Ydgren agreed that the breach was low-end and there were other mitigating factors, but stressed the status of the race and the stake payable. He had no objection to the Committee dealing with the breach by way of a fine, if it saw fit.
Reasons for Penalty:
The penalty prescribed by the Use of the Whip Regulations for a first offence involving a number of strikes in the 11-13 range is a fine of $200. 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. But for that fact, the Committee would regard the breach as being low-end and impose a fine of $200 as per the Regulations.
Mr Ydgren has submitted for a suspension of 7 days. Mr McCarthy has submitted that a suspension would be unduly harsh.
The mitigating factors are quite compelling. Mr McCarthy has a very good record, he has admitted the breach and has been cooperative with the Stewards. Further, we agree that the breach was low-end. Taking all factors into account, the Committee considers that, on balance, the breach can be adequately punished by way of a fine and that a suspension would be unduly punitive. The breach should be kept in perspective and not too much weight placed on the status and stake of the race. However, that fine will need to be a significant one to reflect the status of the race and the stake payable.
The Committee concludes that an appropriate penalty, in all of the circumstances, will be a fine which we have set at $1,000 which penalty, we believe, will adequately punish the breach and provide a sufficient deterrent.
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: 56d9dd8a4e08dca1cd37c70f7d88d7c7
informantnumber: A12416
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 Driver, Mr T McCarthy, alleging that, as the driver of TIGER TARA in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr McCarthy had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that he 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 TIGER TARA driven by Mr McCarthy, racing outside the leader, DREAM ABOUT ME, as the field entered the final straight. The allegation of the Stewards was that Mr McCarthy had used his whip in a striking motion on 13 occasions from that point to the finishing line. Mr Ydgren described his whip action as “quite messy”, with a number of pushes and flicks between strikes.
Mr McCarthy said that he accepted the alleged count of 13 strikes. He was aware of the Rule and Guidelines which, he said, differed from the whip rules in Australia. It was the New Zealand Cup and he was doing his best to stay within the guidelines, but it was easy to lose count. He does mix his whip action, he said, using the reins before striking the horse again. He has an “almost faultless” record in his home state. His whip action is not a “high, aggressive” one and the number of strikes was only just over the permissible ten strikes, he said. His style is to use more smaller hits rather than fewer heavier hits, he said. Mr Ydgren confirmed that Stewards had no issue with the force of the strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McCarthy having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren began his submission by saying that the race was an $800,000 race, the biggest on the harness racing calendar. The penalty needed to be “significant and meaningful”. Mr Ydgren confirmed that Mr McCarthy has a very good record and is a very busy driver. He had admitted the breach at the first opportunity and his conduct had been professional and very obliging throughout. These factors should be taken into account in fixing penalty, Mr Ydgren said. The Stewards’ submission was for a suspension. Mr McCarthy had advised Stewards that he drives at approximately four meetings per week and a suspension for seven days would include four race meetings, Mr Ydgren said.
Mr McCarthy said that a 7-days suspension would have a financial effect on him. He submitted that it was a low-end breach, being only three strikes over the limit. Further, he said, included in the count were a few “small hits”. A suspension would be quite severe on him. In such a big race, it is hard to keep a count of the number in the final 400 metres, he said. If the Committee were to impose a suspension, he would seek a deferment for 7 days to enable him to fulfil upcoming driving engagements over that period. He asked the Committee to consider a fine.
Mr Ydgren agreed that the breach was low-end and there were other mitigating factors, but stressed the status of the race and the stake payable. He had no objection to the Committee dealing with the breach by way of a fine, if it saw fit.
reasonsforpenalty:
The penalty prescribed by the Use of the Whip Regulations for a first offence involving a number of strikes in the 11-13 range is a fine of $200. 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. But for that fact, the Committee would regard the breach as being low-end and impose a fine of $200 as per the Regulations.
Mr Ydgren has submitted for a suspension of 7 days. Mr McCarthy has submitted that a suspension would be unduly harsh.
The mitigating factors are quite compelling. Mr McCarthy has a very good record, he has admitted the breach and has been cooperative with the Stewards. Further, we agree that the breach was low-end. Taking all factors into account, the Committee considers that, on balance, the breach can be adequately punished by way of a fine and that a suspension would be unduly punitive. The breach should be kept in perspective and not too much weight placed on the status and stake of the race. However, that fine will need to be a significant one to reflect the status of the race and the stake payable.
The Committee concludes that an appropriate penalty, in all of the circumstances, will be a fine which we have set at $1,000 which penalty, we believe, will adequately punish the breach and provide a sufficient deterrent.
penalty:
Mr McCarthy is fined the sum of $1,000.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: Mr T McCarthy - Licensed 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:
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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