NZ Metro TC 5 March 2013 – R 4
ID: JCA13639
Meet Title:
NZ Metro TC - 5 March 2013
Meet Chair:
RMcKenzie
Race Date:
2013/03/05
Race Number:
R4
Decision:
Mr McClelland having admitted the breach, the charge was found proved.
Penalty:
Mr McClelland was fined the sum of $250.00.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 4, Sockburn Joinery Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr P C McClelland, alleging that Mr McClelland, as the driver of PRETTY BOY FLOYD in the race, “used his whip excessively in the run home”.
Mr McClelland had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Wallis informed the Committee that Mr McClelland did not wish to be present at the hearing.
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:
Mr Wallis showed a video replay of the final 300 metres of the race. He pointed out Mr McClelland, driving PRETTY BOY FLOYD, trailing the leader as the field turned into the home straight. From that point, Mr McClelland commenced using his whip and continued to the finishing line, using the whip on some 24 occasions, Mr Wallis alleged. There were two "minimal pauses", one shortly after entering the straight and another when he crossed his reins to use the whip freehand.
The Committee noted that PRETTY BOY FLOYD finished in 3rd placing, the official margins being 1 ¾ lengths and 1 ¼ lengths.
Mr McClelland had explained to the Stewards that the horse was lazy and needed urging.
Submissions for Penalty:
In relation to penalty, Mr Wallis said that Mr McClelland had a very good record. He has had 170 lifetime drives, going back many years, and the drive today was his second for the current season. He has had a shoulder injury and presented his medical clearance certificate at today's meeting.
Mr Wallis said that Mr McClelland indicated that he was in a position to pay a fine rather than incur a suspension. Mr Wallis referred to Mr McClelland's admission of the breach and his clear record. He further submitted that the Committee should also have regard to the number of strikes and that they were continuous. He referred to the Penalty Guide and submitted that, from the recommended starting point of $300, a fine of $250 was appropriate in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr McClelland’s admission of the breach and his previous good record, tempered by the fact that it was only Mr McClelland’s second drive in the 7 months of the current season.
The starting point in the Penalty Guide is a fine of $300 (it was not appropriate to consider a suspension in this case). The mitigating factors of Mr McClelland’s admission of the breach and his record warrant a reduction in that starting point of $100. Against that, the number of strikes was quite high and they were continuous and delivered with some force. Those factors warrant an increase of $50 from the fine of $200 arrived at by that process.
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: 521d236ac5082f156861e023bf231d77
informantnumber: A1866
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2013
hearing_title: NZ Metro TC 5 March 2013 - R 4
charge:
Excessive use of the whip.
facts:
Following the running of Race 4, Sockburn Joinery Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr P C McClelland, alleging that Mr McClelland, as the driver of PRETTY BOY FLOYD in the race, “used his whip excessively in the run home”.
Mr McClelland had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Wallis informed the Committee that Mr McClelland did not wish to be present at the hearing.
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:
Mr Wallis showed a video replay of the final 300 metres of the race. He pointed out Mr McClelland, driving PRETTY BOY FLOYD, trailing the leader as the field turned into the home straight. From that point, Mr McClelland commenced using his whip and continued to the finishing line, using the whip on some 24 occasions, Mr Wallis alleged. There were two "minimal pauses", one shortly after entering the straight and another when he crossed his reins to use the whip freehand.
The Committee noted that PRETTY BOY FLOYD finished in 3rd placing, the official margins being 1 ¾ lengths and 1 ¼ lengths.
Mr McClelland had explained to the Stewards that the horse was lazy and needed urging.
reasonsfordecision:
Decision:
Mr McClelland having admitted the breach, the charge was found proved.
sumissionsforpenalty:
In relation to penalty, Mr Wallis said that Mr McClelland had a very good record. He has had 170 lifetime drives, going back many years, and the drive today was his second for the current season. He has had a shoulder injury and presented his medical clearance certificate at today's meeting.
Mr Wallis said that Mr McClelland indicated that he was in a position to pay a fine rather than incur a suspension. Mr Wallis referred to Mr McClelland's admission of the breach and his clear record. He further submitted that the Committee should also have regard to the number of strikes and that they were continuous. He referred to the Penalty Guide and submitted that, from the recommended starting point of $300, a fine of $250 was appropriate in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr McClelland’s admission of the breach and his previous good record, tempered by the fact that it was only Mr McClelland’s second drive in the 7 months of the current season.
The starting point in the Penalty Guide is a fine of $300 (it was not appropriate to consider a suspension in this case). The mitigating factors of Mr McClelland’s admission of the breach and his record warrant a reduction in that starting point of $100. Against that, the number of strikes was quite high and they were continuous and delivered with some force. Those factors warrant an increase of $50 from the fine of $200 arrived at by that process.
penalty:
Mr McClelland was fined the sum of $250.00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: P C McClelland, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 59e804f674fb92a1ca2eb4ff9efb1b8b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a68158a5791a2b168067bc1163305d25
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2013
meet_title: NZ Metro TC - 5 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC