NZ Metro TC 13 September 2013 – R 2
ID: JCA13970
Meet Title:
NZ Metro TC - 13 September 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/09/13
Race Number:
R2
Decision:
The charge was found proved.
Penalty:
Mr White was fined the sum of $200.
Charge:
Breach of Rule 869(2)(c) - use of the whip outside of the confines of the sulky.
Facts:
Following the running of Race 2, the Alabar-World Class Sires Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr C Allison against Advanced Amateur Horseman Mr A White alleging a breach of Rule 869(2)(c) in that he used his whip outside the confines of the sulky.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(c) in that A C White “ITS NUKES” used his whip outside the confines of the sulky when striking the wheel disc.”
Rule 869(2)(c) reads as follows:
“(2) No horseman shall during any race:-
(c) Project his whip outside the sulky or draw his whip further back than the sulky seat”
Submissions for Decision:
Mr White had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Allison gave evidence and used video coverage to show that Mr White driving ITS NUKES was in the 4 wide position on the home turn and in contention. He showed Mr White driving his horse out with the whip over the final stages and near the 50m used his whip on 2 occasions outside the confines of the sulky in a back hand manner, by striking the wheel disc. Mr Allison stated that Mr White was close to the limit in regards to excessive use of the whip but the Stewards had given Mr White the benefit of the doubt under that rule.
Mr White in defence said he had been driving for a long time and had driven a lot of winners as a professional driver. He had returned to driving as an amateur and had a lot of experience compared to most other amateur drivers. He stated that he felt he was in with a real chance to win the race but knew he was getting close to the limit with his whip use on ITS NUKES. Mr White admitted to the Committee that he had used his whip twice outside the confines of the sulky by striking the wheel disc and knew it was “illegal” but did so in order to break up his whip use on the horse. He said that if he had not struck the wheel disc twice he would have been over the limit for use of the whip and probably been charged with excessive use.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the alleged breach. It was clear to the Committee that Mr White had used his whip on 2 occasions outside the confines of the sulky, striking the wheel disc. Mr White admitted using his whip outside the confines of the sulky and striking the wheel disc. He also stated that he knew it was “illegal” to use his whip outside of the confines of the sulky. Mr White’s defence that he did so to prevent a charge of excessive use of the whip, we find was without merit. We therefore find the charge proved.
Submissions for Penalty:
In relation to penalty Mr Allison submitted that Mr White had a clear record in regard to this Rule over the previous 12 months. Mr Allison stated that in his opinion the breach was at the lower end of the scale and submitted that a minimal fine be imposed.
Mr White submitted initially that he would prefer a term of suspension as penalty as he was not prepared to pay a fine. When discussing where Mr White would be driving in the near future he changed his submission to that of preferring a fine as penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr White was an experienced amateur horseman, had a clear penalty record under this rule and that he had not admitted this breach. We looked at penalties imposed for past similar breaches of this Rule as well as the JCA Penalty Guide which indicates a fine of $200 or 4 drives for a breach of this rule. We found no reason to deviate from the Penalty Guide indication and therefore decided that an appropriate penalty in this case was a fine of $200.
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: 85f97aa2ed579a08325f3689a462c2f1
informantnumber: A5937
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: NZ Metro TC 13 September 2013 - R 2
charge:
Breach of Rule 869(2)(c) - use of the whip outside of the confines of the sulky.
facts:
Following the running of Race 2, the Alabar-World Class Sires Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr C Allison against Advanced Amateur Horseman Mr A White alleging a breach of Rule 869(2)(c) in that he used his whip outside the confines of the sulky.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(c) in that A C White “ITS NUKES” used his whip outside the confines of the sulky when striking the wheel disc.”
Rule 869(2)(c) reads as follows:
“(2) No horseman shall during any race:-
(c) Project his whip outside the sulky or draw his whip further back than the sulky seat”
appealdecision:
isappeal:
submissionsfordecision:
Mr White had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Allison gave evidence and used video coverage to show that Mr White driving ITS NUKES was in the 4 wide position on the home turn and in contention. He showed Mr White driving his horse out with the whip over the final stages and near the 50m used his whip on 2 occasions outside the confines of the sulky in a back hand manner, by striking the wheel disc. Mr Allison stated that Mr White was close to the limit in regards to excessive use of the whip but the Stewards had given Mr White the benefit of the doubt under that rule.
Mr White in defence said he had been driving for a long time and had driven a lot of winners as a professional driver. He had returned to driving as an amateur and had a lot of experience compared to most other amateur drivers. He stated that he felt he was in with a real chance to win the race but knew he was getting close to the limit with his whip use on ITS NUKES. Mr White admitted to the Committee that he had used his whip twice outside the confines of the sulky by striking the wheel disc and knew it was “illegal” but did so in order to break up his whip use on the horse. He said that if he had not struck the wheel disc twice he would have been over the limit for use of the whip and probably been charged with excessive use.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the alleged breach. It was clear to the Committee that Mr White had used his whip on 2 occasions outside the confines of the sulky, striking the wheel disc. Mr White admitted using his whip outside the confines of the sulky and striking the wheel disc. He also stated that he knew it was “illegal” to use his whip outside of the confines of the sulky. Mr White’s defence that he did so to prevent a charge of excessive use of the whip, we find was without merit. We therefore find the charge proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
In relation to penalty Mr Allison submitted that Mr White had a clear record in regard to this Rule over the previous 12 months. Mr Allison stated that in his opinion the breach was at the lower end of the scale and submitted that a minimal fine be imposed.
Mr White submitted initially that he would prefer a term of suspension as penalty as he was not prepared to pay a fine. When discussing where Mr White would be driving in the near future he changed his submission to that of preferring a fine as penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr White was an experienced amateur horseman, had a clear penalty record under this rule and that he had not admitted this breach. We looked at penalties imposed for past similar breaches of this Rule as well as the JCA Penalty Guide which indicates a fine of $200 or 4 drives for a breach of this rule. We found no reason to deviate from the Penalty Guide indication and therefore decided that an appropriate penalty in this case was a fine of $200.
penalty:
Mr White was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: C Allison-Stipendiary Steward
JockeysandTrainer: A White-Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3fcc3cc8f95ebb42901d6ad50af21aeb
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: 4b5b6e725e5a8971889eedcb2b690451
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2013
meet_title: NZ Metro TC - 13 September 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