Archive Decision

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NZ Metro TC 12 December 2015 – R 1 – Chair, R McKenzie

ID: JCA14186

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
B J Wilmott, Licensed Advanced Amateur Driver

Information Number:
A8003

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 December 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PKnowles

Race Date:
2015/12/12

Race Number:
R1

Decision:

Mr Wilmott having admitted the charge, the charge was found proved.

Penalty:

Mr Wilmott was fined the sum of $300.

Facts:

Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr B J Wilmott, alleging a breach of Rule 869 (2) (a) in that, as the driver of THATS BETTOR in the race, he used his whip excessively over the concluding stages.

Mr Wilmott had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also endorsed and signed on the information form “I do not wish to be present”.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

     (a) use his whip in an unnecessary, excessive or improper manner.

Mr Ydgren showed a video replay of the final 200-300 metres of the race. He pointed out Mr Wilmott, driving THAT’S BETTOR, the widest runner on the track as the field turned into the home straight. From that point on, Mr Ydgren alleged, Mr Wilmott used his whip on at least 20 occasions, with little or no pause. His whip use was continuous for the final 250 metres with some of the strikes being “quite aggressive” Mr Ydgren said.

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr Wilmott is a very inexperienced amateur driver. He has only held a licence for this season, this drive being only his 6th. He has a clear record.

Mr Ydgren referred to the Penalty Guide starting point of a 2 days’ suspension or a fine of $500. Taking into account Mr Wilmott’s admission of the breach and his clear record, Mr Ydgren submitted, a fine of $350-400 was an appropriate penalty. Mr Wilmott did not ask the Stewards to put any penalty submissions on his behalf to the Committee, Mr Ydgren said.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point of a $500 fine. A suspension was not an appropriate penalty, in the absence of any submissions from Mr Wilmott.

The Committee considered that Mr Wilmot was entitled to a discount from that starting point for his admission of the breach and, rather than his good record from a very small number of drives, his inexperience. The Committee fixed that discount at $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: a5c30f5224b4a61a79fa3f6c91efedf5


informantnumber: A8003


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 15/12/2015


hearing_title: NZ Metro TC 12 December 2015 - R 1 - Chair, R McKenzie


charge:


facts:

Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Driver, Mr B J Wilmott, alleging a breach of Rule 869 (2) (a) in that, as the driver of THATS BETTOR in the race, he used his whip excessively over the concluding stages.

Mr Wilmott had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also endorsed and signed on the information form “I do not wish to be present”.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

     (a) use his whip in an unnecessary, excessive or improper manner.

Mr Ydgren showed a video replay of the final 200-300 metres of the race. He pointed out Mr Wilmott, driving THAT’S BETTOR, the widest runner on the track as the field turned into the home straight. From that point on, Mr Ydgren alleged, Mr Wilmott used his whip on at least 20 occasions, with little or no pause. His whip use was continuous for the final 250 metres with some of the strikes being “quite aggressive” Mr Ydgren said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Wilmott having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren informed the Committee that Mr Wilmott is a very inexperienced amateur driver. He has only held a licence for this season, this drive being only his 6th. He has a clear record.

Mr Ydgren referred to the Penalty Guide starting point of a 2 days’ suspension or a fine of $500. Taking into account Mr Wilmott’s admission of the breach and his clear record, Mr Ydgren submitted, a fine of $350-400 was an appropriate penalty. Mr Wilmott did not ask the Stewards to put any penalty submissions on his behalf to the Committee, Mr Ydgren said.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point of a $500 fine. A suspension was not an appropriate penalty, in the absence of any submissions from Mr Wilmott.

The Committee considered that Mr Wilmot was entitled to a discount from that starting point for his admission of the breach and, rather than his good record from a very small number of drives, his inexperience. The Committee fixed that discount at $200.


penalty:

Mr Wilmott was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: B J Wilmott, Licensed Advanced Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ba23cdcce2f503913fe0c12f65677717


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 29edabcc8b59f0562b2098e5b6c7fd2c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/12/2015


meet_title: NZ Metro TC - 12 December 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: PKnowles


meet_pm2: none


name: NZ Metro TC