NZMTC 27 July 2012 – R9
ID: JCA14142
Meet Title:
NZ Metro TC - 27 July 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2012/07/27
Race Number:
R9
Decision:
Mr May having admitted the breach, the charge was found proved.
Penalty:
Mr May was fined the sum of $250.
Charge:
Excessive use of the whip
Facts:
Following the running of Race 9, Sicon Limited Contracting Canterbury Claimers (Final) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr R T May, alleging a breach of Rule 869 (2) (a) in that Mr May, as the driver of ULTIMATE PLAYER in the race, used his whip excessively when driving that horse out over the final stages.Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr May did not wish to be present at the hearing of the information.
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 Renault showed a video replay of the final 200-300 metres of the race. He pointed out Mr May, driving ULTIMATE PLAYER, the widest runner on the track just after entering the home straight. Mr May struck the horse a couple of times with the whip and then activated the removable hood. He continued to use the whip over the final 150 metres, without pause, on a total of 22 occasions. There were no discernible pauses, Mr Renault submitted, and it was a clear breach of the Rule.
Mr Renault told the Committee that Mr May’s explanation was that he was anxious to drive his 100th winner for the season (ULTIMATE PLAYER won the race by a long head to give Mr May his 100th winner).
Submissions for Penalty:
Mr Renault told the Committee that Mr May has had 739 drives to date in the current season and has a clear record under the Rule. He submitted that a fine of between $200 and $250 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr May’s admission of the breach and his previous good record. It was a particularly good record having regard to the number of drives that Mr May has had in the current season.
Against those factors, the Committee regarded this as a flagrant breach of the Rule and one at the higher end of the scale – 22 strikes on the horse, without any pause or use of any alternative actions, over the final 150 metres. Furthermore, Mr May’s explanation to the Stewards for his actions did not impress the Committee and did not justify his actions. Mr May is a very professional horseman and, without doubt, has been one of the country’s leading drivers over a period of many years.
The Committee adopted a starting point for penalty of a $300 fine, having regard to the aggravating factors, but discounted it to $250 allowing for the mitigating factors referred to - that is to say, his admission of the breach and previous very good record.
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: 9e4893a56ccfc7f96a0ec1657d5d0ec2
informantnumber: A1805
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: NZMTC 27 July 2012 - R9
charge:
Excessive use of the whip
facts:
Following the running of Race 9, Sicon Limited Contracting Canterbury Claimers (Final) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr R T May, alleging a breach of Rule 869 (2) (a) in that Mr May, as the driver of ULTIMATE PLAYER in the race, used his whip excessively when driving that horse out over the final stages.Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr May did not wish to be present at the hearing of the information.
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 Renault showed a video replay of the final 200-300 metres of the race. He pointed out Mr May, driving ULTIMATE PLAYER, the widest runner on the track just after entering the home straight. Mr May struck the horse a couple of times with the whip and then activated the removable hood. He continued to use the whip over the final 150 metres, without pause, on a total of 22 occasions. There were no discernible pauses, Mr Renault submitted, and it was a clear breach of the Rule.
Mr Renault told the Committee that Mr May’s explanation was that he was anxious to drive his 100th winner for the season (ULTIMATE PLAYER won the race by a long head to give Mr May his 100th winner).
reasonsfordecision:
Decision:
Mr May having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr May has had 739 drives to date in the current season and has a clear record under the Rule. He submitted that a fine of between $200 and $250 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr May’s admission of the breach and his previous good record. It was a particularly good record having regard to the number of drives that Mr May has had in the current season.
Against those factors, the Committee regarded this as a flagrant breach of the Rule and one at the higher end of the scale – 22 strikes on the horse, without any pause or use of any alternative actions, over the final 150 metres. Furthermore, Mr May’s explanation to the Stewards for his actions did not impress the Committee and did not justify his actions. Mr May is a very professional horseman and, without doubt, has been one of the country’s leading drivers over a period of many years.
The Committee adopted a starting point for penalty of a $300 fine, having regard to the aggravating factors, but discounted it to $250 allowing for the mitigating factors referred to - that is to say, his admission of the breach and previous very good record.
penalty:
Mr May was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer: RT May - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3afe406bba61a9abffeff50ca70bd2d9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: de06cc32d2381b80f90f96c7fe760524
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: NZ Metro TC - 27 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC