NZ Metro TC 22 November 2011 – R 2
ID: JCA13826
Meet Title:
NZ Metro TC - 22 November 2011
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/22
Race Number:
R2
Decision:
The charge is found proved.
Penalty:
Mr Smith is fined $250.
Charge:
Stipendiary Steward McIntyre filed an information against Licensed Open Horseman, G D Smith, alleging a breach of Rule 869(2)(a). It was alleged that:
“Throughout the course of the race, whilst driving FRANCO DIRECT, you used your whip excessively”
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"
Facts:
Mr McIntyre, with the assistance of the race video, alleges that Mr Smith struck FRANCO TRANSIT with the whip:
- 19 times between the 1900 and 1400 metre marks.
- 6 times between the 500 and 800 metre marks.
- 19 times between the 500 metre mark and the finishing line.
Overall, Mr McIntyre gave evidence that he had counted Mr Smith striking FRANCO TRANSIT 46 times with the whip.
It could be observed from the race video that some whip action was forehand with intermittent use of backhand action. While a number of the strikes could best be described as taps, most were delivered with some force.
In reply Mr Smith disputed he struck the horse 19 times in the home straight, but acknowledged that he had probably struck the horse 16 times at this stage of the race. He also gave evidence that he had given the horse 4-5 “flips” while holding the reins.
Submissions for Decision:
Mr Smith said that he was mindful of the relevant rule and believed that he had taken care to remain within the guidelines in the run home. He included “you can use the whip about 20 times before you get done” (in the run home).
That FRANCO TRANSIT would not respond to its full ability without significant use of the whip and that the horse had improved from the top of the straight under the whip.
He added that the horse was a bit of a “one pacer” which would grind away and that ideally he needed to get to the front where the horse tended to take up the bit.
He submitted that he was doing his best to get the horse into a stake bearing place. FRANCO TRANSIT finished 5th in a 6 horse field some 6 and a quarter lengths from the winner. There were 3 major stake bearing places.
Mr McIntyre brought the Enright case, (M J Enright v NZTR 16/7/96) to the attention of the Panel which provides:
- That endeavouring to get the best from a horse is no defence to excessive use of the whip. That every horse must be driven within the rules and that, those rules cannot be over ridden, to remedy individual flaws in a horse.
- Excessive use of the whip in order to gain a stake bearing place is no defence.
Reasons for Decision:
We found as a matter of fact, that Mr Smith had driven the horse with some vigour with the use of the whip in an intermittent matter from the 1900 metre mark to the finishing line. The informant’s evidence was that Mr Smith had struck the horse 46 times during the race. While Mr Smith gave evidence disputing the number of strikes, he did not dispute that he had driven in the manner alleged by the informant.
After viewing the race tape, our own view was that the number of whip strikes was approximate to the evidence advanced by Mr McIntyre.
The panel conceded that if Mr Smith’s drive in the home straight was taken in isolation there may have been an argument for his defence. We also accepted that he had driven in a manner which was likely to get the best from it. However we were firmly of the opinion that when his overall drive was taken into account, his use of the whip was excessive and met the interpretation of simply “too much”.
In respect of Mr Smith’s contentions that the horse would not produce his best without significant use of the whip and that he was endeavouring to gain a better placing for the horse, we concur with the informant that the Enright precedent applies.
Submissions for Penalty:
Mr McIntyre indicated that Mr Smith’s driving record over the last 12 months was good and that his submission on penalty was for a fine of $300.
Mr Smith made a submission concerning the low status of the race, with it only attracting a stake of $3000. He asked that this be taken into consideration when determining the level of a fine.
Reasons for Penalty:
The starting point in the Penalty Guidelines is $300. The Panel took into account Mr McIntyre's submissions concerning Mr Smith's record, his openness during the hearing and his submissions concerning the status of the race. We concluded that a fine of $250 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: 73ec438f317b2ecd45ad6af14a7ef807
informantnumber: A1028
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: NZ Metro TC 22 November 2011 - R 2
charge:
Stipendiary Steward McIntyre filed an information against Licensed Open Horseman, G D Smith, alleging a breach of Rule 869(2)(a). It was alleged that:
“Throughout the course of the race, whilst driving FRANCO DIRECT, you used your whip excessively”
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"
facts:
Mr McIntyre, with the assistance of the race video, alleges that Mr Smith struck FRANCO TRANSIT with the whip:
- 19 times between the 1900 and 1400 metre marks.
- 6 times between the 500 and 800 metre marks.
- 19 times between the 500 metre mark and the finishing line.
Overall, Mr McIntyre gave evidence that he had counted Mr Smith striking FRANCO TRANSIT 46 times with the whip.
It could be observed from the race video that some whip action was forehand with intermittent use of backhand action. While a number of the strikes could best be described as taps, most were delivered with some force.
In reply Mr Smith disputed he struck the horse 19 times in the home straight, but acknowledged that he had probably struck the horse 16 times at this stage of the race. He also gave evidence that he had given the horse 4-5 “flips” while holding the reins.
appealdecision:
isappeal:
submissionsfordecision:
Mr Smith said that he was mindful of the relevant rule and believed that he had taken care to remain within the guidelines in the run home. He included “you can use the whip about 20 times before you get done” (in the run home).
That FRANCO TRANSIT would not respond to its full ability without significant use of the whip and that the horse had improved from the top of the straight under the whip.
He added that the horse was a bit of a “one pacer” which would grind away and that ideally he needed to get to the front where the horse tended to take up the bit.
He submitted that he was doing his best to get the horse into a stake bearing place. FRANCO TRANSIT finished 5th in a 6 horse field some 6 and a quarter lengths from the winner. There were 3 major stake bearing places.
Mr McIntyre brought the Enright case, (M J Enright v NZTR 16/7/96) to the attention of the Panel which provides:
- That endeavouring to get the best from a horse is no defence to excessive use of the whip. That every horse must be driven within the rules and that, those rules cannot be over ridden, to remedy individual flaws in a horse.
- Excessive use of the whip in order to gain a stake bearing place is no defence.
reasonsfordecision:
We found as a matter of fact, that Mr Smith had driven the horse with some vigour with the use of the whip in an intermittent matter from the 1900 metre mark to the finishing line. The informant’s evidence was that Mr Smith had struck the horse 46 times during the race. While Mr Smith gave evidence disputing the number of strikes, he did not dispute that he had driven in the manner alleged by the informant.
After viewing the race tape, our own view was that the number of whip strikes was approximate to the evidence advanced by Mr McIntyre.
The panel conceded that if Mr Smith’s drive in the home straight was taken in isolation there may have been an argument for his defence. We also accepted that he had driven in a manner which was likely to get the best from it. However we were firmly of the opinion that when his overall drive was taken into account, his use of the whip was excessive and met the interpretation of simply “too much”.
In respect of Mr Smith’s contentions that the horse would not produce his best without significant use of the whip and that he was endeavouring to gain a better placing for the horse, we concur with the informant that the Enright precedent applies.
Decision:
The charge is found proved.
sumissionsforpenalty:
Mr McIntyre indicated that Mr Smith’s driving record over the last 12 months was good and that his submission on penalty was for a fine of $300.
Mr Smith made a submission concerning the low status of the race, with it only attracting a stake of $3000. He asked that this be taken into consideration when determining the level of a fine.
reasonsforpenalty:
The starting point in the Penalty Guidelines is $300. The Panel took into account Mr McIntyre's submissions concerning Mr Smith's record, his openness during the hearing and his submissions concerning the status of the race. We concluded that a fine of $250 is appropriate.
penalty:
Mr Smith is fined $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr G D Smith – Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 02279b8ffb4e1f612b1b19eae3fe3414
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 17c5ecad9068aba6781bd507cd5b17aa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/11/2011
meet_title: NZ Metro TC - 22 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC