Ashburton TC 26 December 2016 – R7 – Chair, Mr R McKenzie
ID: JCA12885
Meet Title:
Ashburton TC - 26 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/26
Race Number:
R7
Decision:
Mr McGrath having admitted the breach, the charge was found proved.
Penalty:
Mr McGrath was fined the sum of $300.
Facts:
Following the running of Race 7, Robbie’s Bar & Bistro Ashburton Cup Handicap Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr N R McGrath, alleging that, as the driver of EARS BURNING in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach and had endorsed and signed on the form that he did not wish to be present at the hearing. Mr Ydgren confirmed this to the Committee.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren, showed a video replay of the final 400 metres of the race. He pointed out Mr McGrath, driving EARS BURNING, racing outside the leader, ALTA ORLANDO, in 2nd position as the field entered the home straight with 400 metres to race. Shortly thereafter, Mr McGrath commenced using his whip. From that point, Mr Ydgren alleged, Mr McGrath used his whip on 13 occasions, all free of the rein, with the exception of one strike for which he went back to the rein. The Committee noted that EARS BURNING finished in 3rd position, a ½ neck and ¾ length from the winner.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr McGrath has a clear record. Mr McGrath had been advised of the starting point under the Penalty Guide of a $500 fine. Mr McGrath was also informed that the Stewards would submit to the Committee that he receive some credit for his good record and his admission of the breach but would leave the amount of the fine to this Committee. Mr McGrath had told the Stewards that he believed that the circumstances of this offence were similar to the case of Licensed Open Horseman, Mr J F Curtin, on 16 December last. Mr Curtin had been fined $300. Mr McGrath had endorsed on the information form: “Mr McGrath requested a fine of $300 in line with other fines of similar offences” On that basis, Mr Ydgren submitted that an appropriate penalty was a fine of $300.
Reasons for Penalty:
The Committee noted that Mr McGrath has had 29 drives to date his season and, in the 2015/2016 season, had a total of 70 drives.
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr McGrath’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
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: 64d58b0c2de37d87626857ab92296ab3
informantnumber: A8337
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2016
hearing_title: Ashburton TC 26 December 2016 - R7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Robbie’s Bar & Bistro Ashburton Cup Handicap Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr N R McGrath, alleging that, as the driver of EARS BURNING in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr McGrath had signed the Statement by the Respondent on the information form indicating that he admitted the breach and had endorsed and signed on the form that he did not wish to be present at the hearing. Mr Ydgren confirmed this to the Committee.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren, showed a video replay of the final 400 metres of the race. He pointed out Mr McGrath, driving EARS BURNING, racing outside the leader, ALTA ORLANDO, in 2nd position as the field entered the home straight with 400 metres to race. Shortly thereafter, Mr McGrath commenced using his whip. From that point, Mr Ydgren alleged, Mr McGrath used his whip on 13 occasions, all free of the rein, with the exception of one strike for which he went back to the rein. The Committee noted that EARS BURNING finished in 3rd position, a ½ neck and ¾ length from the winner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McGrath having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr McGrath has a clear record. Mr McGrath had been advised of the starting point under the Penalty Guide of a $500 fine. Mr McGrath was also informed that the Stewards would submit to the Committee that he receive some credit for his good record and his admission of the breach but would leave the amount of the fine to this Committee. Mr McGrath had told the Stewards that he believed that the circumstances of this offence were similar to the case of Licensed Open Horseman, Mr J F Curtin, on 16 December last. Mr Curtin had been fined $300. Mr McGrath had endorsed on the information form: “Mr McGrath requested a fine of $300 in line with other fines of similar offences” On that basis, Mr Ydgren submitted that an appropriate penalty was a fine of $300.
reasonsforpenalty:
The Committee noted that Mr McGrath has had 29 drives to date his season and, in the 2015/2016 season, had a total of 70 drives.
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr McGrath’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
penalty:
Mr McGrath was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr N R McGrath - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eebc4c16d62b660494a94cf682c978d6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 18f04a5ca52ce69311e35c62170665e1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2016
meet_title: Ashburton TC - 26 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Ashburton TC