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NZ Metro TC 24 May 2011 – R 1

ID: JCA13069

Applicant:
Mr N. G. McIntyre - Stipendiary Steward

Respondent(s):
Ms P. J. Wakelin - Open Horsewoman

Information Number:
66078

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 27 May 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
PRosanowski

Race Date:
2011/05/27

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties that Ms Wakelin was fined the sum of $300, and also issued a warning in the terms set out above.

Charge:

Alleged breach of Rule 869(2)(a).

Facts:

This matter was heard at the Hororata Trotting Club’s race meeting held at Addington Raceway on 27 May 2011.

Following the running of Race 1, the Searell’s Chartered Accountants Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horsewoman Ms P. J. Wakelin alleging a breach of Rule 869(2)(a) in that she used her whip in an unnecessary manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you as the driver of “My Secret” used your whip in an unnecessary manner throughout the course of the run home”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Submissions for Decision:

Ms Wakelin had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that Ms Wakelin’s horse was in 8th place (of nine runners) on entering the home straight, and was at that stage clearly a beaten runner with no chance of beating any of the seven horses in front of her. In the straight Ms Wakelin was seen to use her whip on several occasions when it was clearly not necessary.
Ms Wakelin explained that her horse was having its first start and that she didn’t want it to stop altogether as it may have affected its later racing manners. Ms Wakelin did agree that her horse was a beaten runner at the time, and that her use of the whip did not look good.

Reasons for Decision:

As Ms Wakelin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr McIntyre advised that Ms Wakelin had previously breached this Rule on 6 March 2011 when she was fined     $200. As Ms Wakelin had admitted this breach Mr McIntyre submitted that a fine of $300 should be imposed in this case.
There were discussions as to whether Ms Wakelin would prefer a suspension to a fine, but she decided that she would prefer a fine in this case.
 

Reasons for Penalty:

We were concerned that this was Ms Wakelin’s second breach of the unnecessary use of whip Rule within 3 months, this breach being quite similar to the first. We decided that a fine of $300 would be imposed in this case. In addition we decided that Ms Wakelin would be given a warning that any further breaches of this Rule would be viewed very seriously, with the likelihood that a substantial term of suspension would be imposed.

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: 3d0c017ca01b040f95ffbf6d8b315ac8

informantnumber: 66078

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: NZ Metro TC 24 May 2011 - R 1

charge:

Alleged breach of Rule 869(2)(a).

facts:

This matter was heard at the Hororata Trotting Club’s race meeting held at Addington Raceway on 27 May 2011.

Following the running of Race 1, the Searell’s Chartered Accountants Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horsewoman Ms P. J. Wakelin alleging a breach of Rule 869(2)(a) in that she used her whip in an unnecessary manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you as the driver of “My Secret” used your whip in an unnecessary manner throughout the course of the run home”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

appealdecision:

isappeal:

submissionsfordecision:

Ms Wakelin had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that Ms Wakelin’s horse was in 8th place (of nine runners) on entering the home straight, and was at that stage clearly a beaten runner with no chance of beating any of the seven horses in front of her. In the straight Ms Wakelin was seen to use her whip on several occasions when it was clearly not necessary.
Ms Wakelin explained that her horse was having its first start and that she didn’t want it to stop altogether as it may have affected its later racing manners. Ms Wakelin did agree that her horse was a beaten runner at the time, and that her use of the whip did not look good.

reasonsfordecision:

As Ms Wakelin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr McIntyre advised that Ms Wakelin had previously breached this Rule on 6 March 2011 when she was fined     $200. As Ms Wakelin had admitted this breach Mr McIntyre submitted that a fine of $300 should be imposed in this case.
There were discussions as to whether Ms Wakelin would prefer a suspension to a fine, but she decided that she would prefer a fine in this case.
 

reasonsforpenalty:

We were concerned that this was Ms Wakelin’s second breach of the unnecessary use of whip Rule within 3 months, this breach being quite similar to the first. We decided that a fine of $300 would be imposed in this case. In addition we decided that Ms Wakelin would be given a warning that any further breaches of this Rule would be viewed very seriously, with the likelihood that a substantial term of suspension would be imposed.

penalty:

On resuming the hearing we advised the parties that Ms Wakelin was fined the sum of $300, and also issued a warning in the terms set out above.

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr N. G. McIntyre - Stipendiary Steward

JockeysandTrainer: Ms P. J. Wakelin - Open Horsewoman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: ebc2d8c8a5724780fcfe8894ecce65b3

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 98cc16caaa47055913be38ed7b58898d

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 27/05/2011

meet_title: NZ Metro TC - 27 May 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "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: JPhelan

meet_pm1: PRosanowski

meet_pm2: none

name: NZ Metro TC