NZ Metro TC 17 May 2013 – R 9
ID: JCA13435
Meet Title:
NZ Metro TC - 17 May 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/05/17
Race Number:
R9
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Macfarlane was fined the sum of $300.
Charge:
Breach of Rule 869(2) (a)-excessive use of the whip
Facts:
Following the running of Race 8, the Canterbury Breeders New Zealand Oaks (Group 1), an Information was filed by Stipendiary Steward Mr S W Wallis against Open Horseman Mr T A Macfarlane alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2) (a) in that you used your whip excessively over the final stages when driving SPLENDOUR.”
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:
Mr Macfarlane had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with.
Mr Wallis gave evidence and used video coverage to show that Mr Macfarlane driving SPLENDOUR, was in the one/one position on the home turn and after moving out from behind SAFEDRA, used his whip on 24 occasions over the concluding stages. Mr Wallis submitted that the sheer number of strikes was why Mr Macfarlane was before the Committee.
Mr Macfarlane did not dispute the number of strikes and stated that as it was a Group 1 race with a stake of $100,000, he was only doing his best to get into the best possible position in a tight finish. Mr Macfarlane submitted that he had only achieved 3rd position by a nose. He also stated that due to being in contention over the concluding stages he had let emotion get in the way of using the whip within the guidelines.
Reasons for Decision:
As Mr Macfarlane 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 Wallis advised that Mr Macfarlane was a busy North Island driver who had driven on 326 occasions last season with 277 drives so far this season. He stated that Mr Macfarlane had a clear record in regard to this Rule over the previous 12 months, had been forthright with the Stewards and admitted the breach at the earliest possible moment.
Mr Macfarlane submitted that the Committee should take into consideration his clear penalty record, the margin between 3rd and 4th being a nose and the fact that had he not driven with as much encouragement he may not have finished in 3rd position.
Mr Wallis submitted that a fine of $250 be imposed in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr Macfarlane had admitted this breach and had a clear record in regard to this Rule. We also took into consideration that the race was of Group 1 status with a stake of $100,000 and that the number of strikes at 24 was at the high end. We researched penalties imposed for past similar breaches of this Rule in Group 1 races and decided that a fine of $300 should be imposed in this case.
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: 36c6f0c43de0a9d15f97da0f50563fd4
informantnumber: A1878
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 17 May 2013 - R 9
charge:
Breach of Rule 869(2) (a)-excessive use of the whip
facts:
Following the running of Race 8, the Canterbury Breeders New Zealand Oaks (Group 1), an Information was filed by Stipendiary Steward Mr S W Wallis against Open Horseman Mr T A Macfarlane alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2) (a) in that you used your whip excessively over the final stages when driving SPLENDOUR.”
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:
Mr Macfarlane had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with.
Mr Wallis gave evidence and used video coverage to show that Mr Macfarlane driving SPLENDOUR, was in the one/one position on the home turn and after moving out from behind SAFEDRA, used his whip on 24 occasions over the concluding stages. Mr Wallis submitted that the sheer number of strikes was why Mr Macfarlane was before the Committee.
Mr Macfarlane did not dispute the number of strikes and stated that as it was a Group 1 race with a stake of $100,000, he was only doing his best to get into the best possible position in a tight finish. Mr Macfarlane submitted that he had only achieved 3rd position by a nose. He also stated that due to being in contention over the concluding stages he had let emotion get in the way of using the whip within the guidelines.
reasonsfordecision:
As Mr Macfarlane 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 Wallis advised that Mr Macfarlane was a busy North Island driver who had driven on 326 occasions last season with 277 drives so far this season. He stated that Mr Macfarlane had a clear record in regard to this Rule over the previous 12 months, had been forthright with the Stewards and admitted the breach at the earliest possible moment.
Mr Macfarlane submitted that the Committee should take into consideration his clear penalty record, the margin between 3rd and 4th being a nose and the fact that had he not driven with as much encouragement he may not have finished in 3rd position.
Mr Wallis submitted that a fine of $250 be imposed in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr Macfarlane had admitted this breach and had a clear record in regard to this Rule. We also took into consideration that the race was of Group 1 status with a stake of $100,000 and that the number of strikes at 24 was at the high end. We researched penalties imposed for past similar breaches of this Rule in Group 1 races and decided that a fine of $300 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Mr Macfarlane was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S W Wallis-Stipendiary Steward
JockeysandTrainer: T A Macfarlane-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 24c1fdc677b12d13e0e22bac8538c600
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 26f04d5cda237154682ebd0f5011b0d1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2013
meet_title: NZ Metro TC - 17 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC