Auckland TC 2 December 2011 – R 12
ID: JCA13710
Meet Title:
Auckland TC - 2 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/12/02
Race Number:
R 12
Decision:
The Committee accordingly finds the charge proved.
Penalty:
The Committee imposes a fine of $200.00 on Mr Nicholas.
Charge:
Excessive use of the whip.
Facts:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against Mr MD Nicholas, the Driver of RUNNING BALL, alleging that Mr Nicholas, when driving his horse used his whip in an unnecessary, excessive or improper manner during 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 Nicholas was present at the Hearing and he advised this Committee that he did not admit the charge.
The Rule was read to Mr Nicholas and Mr Nicholas also confirmed that he had read the Whip Guidelines.
Submissions for Decision:
Mr Taumanu demonstrated the incident by use of the video films and he showed Mr Nicholas using his whip from the top of the straight to close to the finishing line. He said that Mr Nicholas used the whip at least 20 times and that he had a high whip action and that there were no pauses and, as far as the Stipendiary Stewards were concerned, that was excessive.
Mr Nicholas for his part said that he thought he hit his horse every two or three strides and that there were pauses in his whip action. He said that if he did not hit the horse then it would not have run third.
Mr Taumanu said that the video films clearly showed the incident and that Mr Nicholas stood out with his high whip action in the number of times he used the whip.
Reasons for Decision:
The Committee listened to the evidence and watched the films. Mr Nicholas has clearly used the whip at least 20 times in the straight and there have not been any pauses in his action. As far as the Committee is concerned, the use of the whip is excessive.
Submissions for Penalty:
Mr Taumanu submitted that on the basis that this was a defended hearing, then a fine of $250.00 was appropriate. He did acknowledge that Mr Nicholas had a good record although he has been driving very little.
Mr Nicholas for his part told the Committee that on reflection he agreed that his use of the whip was excessive and he did ask the Committee to take into account his good record.
Reasons for Penalty:
In deciding penalty the Committee believes that the use of the whip is clearly excessive. Mr Nicholas has now acknowledged this. He has a good record although he does not drive very often.
The Committee believes that a fine of $200.00 is appropriate.
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: 5b7fc8310f74aec91a613ca96dec270c
informantnumber: 69167
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 14/12/2011
hearing_title: Auckland TC 2 December 2011 - R 12
charge:
Excessive use of the whip.
facts:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against Mr MD Nicholas, the Driver of RUNNING BALL, alleging that Mr Nicholas, when driving his horse used his whip in an unnecessary, excessive or improper manner during 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 Nicholas was present at the Hearing and he advised this Committee that he did not admit the charge.
The Rule was read to Mr Nicholas and Mr Nicholas also confirmed that he had read the Whip Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu demonstrated the incident by use of the video films and he showed Mr Nicholas using his whip from the top of the straight to close to the finishing line. He said that Mr Nicholas used the whip at least 20 times and that he had a high whip action and that there were no pauses and, as far as the Stipendiary Stewards were concerned, that was excessive.
Mr Nicholas for his part said that he thought he hit his horse every two or three strides and that there were pauses in his whip action. He said that if he did not hit the horse then it would not have run third.
Mr Taumanu said that the video films clearly showed the incident and that Mr Nicholas stood out with his high whip action in the number of times he used the whip.
reasonsfordecision:
The Committee listened to the evidence and watched the films. Mr Nicholas has clearly used the whip at least 20 times in the straight and there have not been any pauses in his action. As far as the Committee is concerned, the use of the whip is excessive.
Decision:
The Committee accordingly finds the charge proved.
sumissionsforpenalty:
Mr Taumanu submitted that on the basis that this was a defended hearing, then a fine of $250.00 was appropriate. He did acknowledge that Mr Nicholas had a good record although he has been driving very little.
Mr Nicholas for his part told the Committee that on reflection he agreed that his use of the whip was excessive and he did ask the Committee to take into account his good record.
reasonsforpenalty:
In deciding penalty the Committee believes that the use of the whip is clearly excessive. Mr Nicholas has now acknowledged this. He has a good record although he does not drive very often.
The Committee believes that a fine of $200.00 is appropriate.
penalty:
The Committee imposes a fine of $200.00 on Mr Nicholas.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: MR TW Taumanu - Stipendiary Steward
JockeysandTrainer: Mr MD Nicholas - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 247408062dffde510ec0e9146e7cf1b2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b4ebe015314502188745b74311bc5b9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2011
meet_title: Auckland TC - 2 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC