Auckland TC 25 April 2014 – R 9
ID: JCA13580
Meet Title:
Auckland TC - 25 April 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/04/25
Race Number:
R 9
Decision:
The Charge is admitted and is therefore proved.
Penalty:
The Committee imposes a fine of $450.00 on Mr Petroff.
Facts:
Following the running of the 2014 ANZAC CUP MOBILE TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr R Petroff alleging that Mr Petroff used his whip excessively on his horse ZEDALITE in the run home.
Rule 869(2)(a) provides:" No horseman shall during any race use his whip in an unnecessary, excessive or improper manner."
Mr Petroff acknowledged that he understood the Rule. The Committee asked Mr Petroff if he had been provided with the Whip Guidelines in use in NZ but he said that he hadn't seen those but that shortly before he went out with his horse one of the Stipendiary Stewards had warned him about use of the Whip.
Stipendiary Steward Mr S Renault on behalf of Mr Muirhead used the Race Films to demonstrate the incident and he showed Mr Petroff striking his horse continuously throughout the run home.
Mr Muirhead then said that Mr Petroff used his whip 32 times continuously on his horse. He said that as far as the Stewards were concerned that was excessive.
Mr Petroff agreed with the evidence presented by Messrs Muirhead and Renault and he acknowledged that his use of the Whip was excessive.
Submissions for Penalty:
Mr Muirhead said that the use of the Whip was clearly excessive both in the number of strikes and the continuous use. He also asked the Committee to apply Rule 1114(2) because this was a Group One Race at a Premier Meeting.
Rule 1114(2)provides: "that the Committee may take into account the Status of the Race, the stake payable in respect of the race, any consequential effects upon any person or horse as a result of a breach of the Rule and the need to maintain integrity and public confidence in Harness Racing."
He further said that the Committee should take into account Mr Petroff's admission of the breach.
Mr Muirhead also said that the JCA Guidelines provided for a starting point penalty of a fine of $300.00 for a first breach of this Rule but taking into account all factors presented to the Committee he submitted that a fine of $400.00 would be appropriate.
Mr Petroff did not make any further submissions other than acknowledging again that the use of the Whip was excessive.
Reasons for Penalty:
The Committee viewed the Race Films again and these clearly show Mr Petroff's use of the Whip which was continuous and involved at least 32 strikes. That in our view is clearly excessive. Mr Petroff has admitted the breach but based on the evidence before us that was inevitable.
We have taken into account the provisions of Rule 1114(2) and have also checked penalties given in previous Group Races.
We believe that the use of the Whip on this occasion was at the upper end of the scale of seriousness and that a fine higher than that submitted by Mr Muirhead is appropriate.
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: 498e7db4a1e46b50d09338938a7c7cd0
informantnumber: A2535
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/04/2014
hearing_title: Auckland TC 25 April 2014 - R 9
charge:
facts:
Following the running of the 2014 ANZAC CUP MOBILE TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr R Petroff alleging that Mr Petroff used his whip excessively on his horse ZEDALITE in the run home.
Rule 869(2)(a) provides:" No horseman shall during any race use his whip in an unnecessary, excessive or improper manner."
Mr Petroff acknowledged that he understood the Rule. The Committee asked Mr Petroff if he had been provided with the Whip Guidelines in use in NZ but he said that he hadn't seen those but that shortly before he went out with his horse one of the Stipendiary Stewards had warned him about use of the Whip.
Stipendiary Steward Mr S Renault on behalf of Mr Muirhead used the Race Films to demonstrate the incident and he showed Mr Petroff striking his horse continuously throughout the run home.
Mr Muirhead then said that Mr Petroff used his whip 32 times continuously on his horse. He said that as far as the Stewards were concerned that was excessive.
Mr Petroff agreed with the evidence presented by Messrs Muirhead and Renault and he acknowledged that his use of the Whip was excessive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead said that the use of the Whip was clearly excessive both in the number of strikes and the continuous use. He also asked the Committee to apply Rule 1114(2) because this was a Group One Race at a Premier Meeting.
Rule 1114(2)provides: "that the Committee may take into account the Status of the Race, the stake payable in respect of the race, any consequential effects upon any person or horse as a result of a breach of the Rule and the need to maintain integrity and public confidence in Harness Racing."
He further said that the Committee should take into account Mr Petroff's admission of the breach.
Mr Muirhead also said that the JCA Guidelines provided for a starting point penalty of a fine of $300.00 for a first breach of this Rule but taking into account all factors presented to the Committee he submitted that a fine of $400.00 would be appropriate.
Mr Petroff did not make any further submissions other than acknowledging again that the use of the Whip was excessive.
reasonsforpenalty:
The Committee viewed the Race Films again and these clearly show Mr Petroff's use of the Whip which was continuous and involved at least 32 strikes. That in our view is clearly excessive. Mr Petroff has admitted the breach but based on the evidence before us that was inevitable.
We have taken into account the provisions of Rule 1114(2) and have also checked penalties given in previous Group Races.
We believe that the use of the Whip on this occasion was at the upper end of the scale of seriousness and that a fine higher than that submitted by Mr Muirhead is appropriate.
penalty:
The Committee imposes a fine of $450.00 on Mr Petroff.
hearing_type: Hearing
Rules: Rule 869 (2)(a)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R Petroff - Driver of ZEDALITE
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 582a27e2a9d815fa1a10015a9e30fa14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ff5aca91fd05de6165e64942d7f4b0b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2014
meet_title: Auckland TC - 25 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC