NZ Metro TC 3 June 2011 – R3
ID: JCA13048
Meet Title:
NZ Metro TC - 3 June 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/06/03
Race Number:
R3
Decision:
The charge was found proved.
Penalty:
Miss Siejka was fined the sum of $200.
Charge:
Excessive use of whip.
Facts:
Following the running of Race 3, The Rock – Australasian Young Drivers Championship (Heat 4) Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A M Siejka, alleging that, as the driver of RICHARD JAY in the Race, she “used her whip in an excessive manner over the concluding stages of this event”.
Miss Siejka was present at the hearing of the information and she indicated that she 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.
Submissions for Decision:
Mrs Williams showed a video replay of the final 300 metres of the race. She pointed out Miss Siejka, driving RICHARD JAY, commence using her whip prior to the turn and continue using it all the way down the straight. Mrs Williams said that she had read the use of whip guidelines to Miss Siejka and had given her the opportunity to be assisted by a senior horseman, which she had declined. Mrs Williams alleged that Miss Siejka had used the whip 28 or 29 times in total with no discernible pauses or alternative actions.
Miss Siejka acknowledged that she had been made aware of the whip guidelines prior to the start of the Championship. She had not counted the number of strikes, she said, but had continued to rein and whip the horse. She did not dispute the alleged number of strikes. Finally, she stated that she had not previously had a problem with use of the whip. It was difficult to change her style when she was “out there”, she said.
Submissions for Penalty:
Mrs Williams referred to the penalty guide that came into effect on 1 June which recommended, as a starting point for a breach of the Rule, a fine of $300. Mrs Williams told the Committee that another junior horseman competing in the Championships had been fined the sum of $200 at the Forbury Park meeting on 2 June. Mrs Williams submitted that a fine of the same amount was appropriate in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account Miss Siejka’s admission of the breach and her submission that she had a clear record in her home state of New South Wales. The Committee also took into her account her unfamiliarity with the New Zealand Rule and guidelines. Finally, the Committee had regard to the fine of $200 imposed on Junior Driver, J W Webster, at Forbury Park during the first round of heats of the Championship.
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: 3a88c30b4d708279ec7fefbd832de442
informantnumber: 69073
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 25/05/2011
hearing_title: NZ Metro TC 3 June 2011 - R3
charge:
Excessive use of whip.
facts:
Following the running of Race 3, The Rock – Australasian Young Drivers Championship (Heat 4) Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss A M Siejka, alleging that, as the driver of RICHARD JAY in the Race, she “used her whip in an excessive manner over the concluding stages of this event”.
Miss Siejka was present at the hearing of the information and she indicated that she 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.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams showed a video replay of the final 300 metres of the race. She pointed out Miss Siejka, driving RICHARD JAY, commence using her whip prior to the turn and continue using it all the way down the straight. Mrs Williams said that she had read the use of whip guidelines to Miss Siejka and had given her the opportunity to be assisted by a senior horseman, which she had declined. Mrs Williams alleged that Miss Siejka had used the whip 28 or 29 times in total with no discernible pauses or alternative actions.
Miss Siejka acknowledged that she had been made aware of the whip guidelines prior to the start of the Championship. She had not counted the number of strikes, she said, but had continued to rein and whip the horse. She did not dispute the alleged number of strikes. Finally, she stated that she had not previously had a problem with use of the whip. It was difficult to change her style when she was “out there”, she said.
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mrs Williams referred to the penalty guide that came into effect on 1 June which recommended, as a starting point for a breach of the Rule, a fine of $300. Mrs Williams told the Committee that another junior horseman competing in the Championships had been fined the sum of $200 at the Forbury Park meeting on 2 June. Mrs Williams submitted that a fine of the same amount was appropriate in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account Miss Siejka’s admission of the breach and her submission that she had a clear record in her home state of New South Wales. The Committee also took into her account her unfamiliarity with the New Zealand Rule and guidelines. Finally, the Committee had regard to the fine of $200 imposed on Junior Driver, J W Webster, at Forbury Park during the first round of heats of the Championship.
penalty:
Miss Siejka was fined the sum of $200.
hearing_type: Hearing
Rules: 869 (2) (a)
Informant: K R Williams, Stipendiary Steward
JockeysandTrainer: A M Siejka, Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fbdfbcf8d7791e5aa81ac88355298602
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: fb395bd8d19cfc1be07b859dd55a36ea
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/06/2011
meet_title: NZ Metro TC - 3 June 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC