Ashburton TC 28 October 2013 – R 7
ID: JCA14329
Meet Title:
Ashburton TC - 28 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/28
Race Number:
R7
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised Miss Panella that she was fined the sum of $250.
Charge:
Breach of Rule 869(2)(a)-excessive use of the whip
Facts:
Following the running of Race 7, the Trust Ashburton Flying Stakes FFA Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Junior Horsewoman Miss L Panella alleging a breach of Rule 869(2)(a) in that she used her whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner when driving SUAVE STUEY LOMBO”.
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.”
Submissions for Decision:
Miss Panella had indicated on the Information that this breach of the Rules was admitted and that she understood the Rule she was being charged with. As Miss Panella was a Junior Driver she was assisted at the hearing by Open Horseman Mr M Jones.
Mr Ydgren gave evidence and used video coverage to show that Miss Panella driving SUAVE STUEY LOMBO used her whip in excess of 20 times probably closer to 30 times in a free hand manner over the final 250m. Mr Ydgren stated that Miss Panella had broken up her whip action on occasion, had not used excessive force but that the issue was the number of times she had used the whip over the final stages.
Miss Panella did not dispute the number of strikes and said that as she was an Australian driver the Stewards had spoken to her prior to the race in regard to the whip rules and guidelines. She stated that she had tried to break up her whip action in the race as advised but as it was a big race she was a bit keener to get her horse across the line for the best possible result. She also stated the long straight was a factor in the number of strikes with the whip. She stated she found the whip rules here quite different to Australia and difficult to change her whip style. Mr Jones stated that when he travels to Australia to drive he also has difficulty changing to the relevant whip rules in that country.
Reasons for Decision:
As Miss Panella had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that the JCA Penalty Guide has a starting point of $300 fine or 6 drives suspension with a normal admitted first offence being a fine around $200. Mr Ydgren submitted that Miss Panella had a clear record in Australia in regard to the whip rule. As this was a Group two race and combined with the high number of strikes that a fine of $300 be considered. Miss Panella stated that consideration should be given to the fact that it was her first drive in New Zealand and what with a standing start to contend with as well as different whip rules, there was a lot to take in. Mr Ydgren stated that Miss Panella was a successful Junior Driver in Australia and last season had 670 drives with 179 of those winners.
We adjourned to consider the question of penalty.
Reasons for Penalty:
In determining penalty we took into account that Miss Panella was a Junior Driver albeit an experienced one, her ready admission of the breach, her good record and the fact that it was her first drive in this country. We also took into account the status of the race and after due consideration believed that an appropriate penalty on this occasion was a fine of $250.
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: 75dcc9b708838786f55379fddb42af60
informantnumber: A1643
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Ashburton TC 28 October 2013 - R 7
charge:
Breach of Rule 869(2)(a)-excessive use of the whip
facts:
Following the running of Race 7, the Trust Ashburton Flying Stakes FFA Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Junior Horsewoman Miss L Panella alleging a breach of Rule 869(2)(a) in that she used her whip in an excessive manner.
The information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner when driving SUAVE STUEY LOMBO”.
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.”
appealdecision:
isappeal:
submissionsfordecision:
Miss Panella had indicated on the Information that this breach of the Rules was admitted and that she understood the Rule she was being charged with. As Miss Panella was a Junior Driver she was assisted at the hearing by Open Horseman Mr M Jones.
Mr Ydgren gave evidence and used video coverage to show that Miss Panella driving SUAVE STUEY LOMBO used her whip in excess of 20 times probably closer to 30 times in a free hand manner over the final 250m. Mr Ydgren stated that Miss Panella had broken up her whip action on occasion, had not used excessive force but that the issue was the number of times she had used the whip over the final stages.
Miss Panella did not dispute the number of strikes and said that as she was an Australian driver the Stewards had spoken to her prior to the race in regard to the whip rules and guidelines. She stated that she had tried to break up her whip action in the race as advised but as it was a big race she was a bit keener to get her horse across the line for the best possible result. She also stated the long straight was a factor in the number of strikes with the whip. She stated she found the whip rules here quite different to Australia and difficult to change her whip style. Mr Jones stated that when he travels to Australia to drive he also has difficulty changing to the relevant whip rules in that country.
reasonsfordecision:
As Miss Panella had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that the JCA Penalty Guide has a starting point of $300 fine or 6 drives suspension with a normal admitted first offence being a fine around $200. Mr Ydgren submitted that Miss Panella had a clear record in Australia in regard to the whip rule. As this was a Group two race and combined with the high number of strikes that a fine of $300 be considered. Miss Panella stated that consideration should be given to the fact that it was her first drive in New Zealand and what with a standing start to contend with as well as different whip rules, there was a lot to take in. Mr Ydgren stated that Miss Panella was a successful Junior Driver in Australia and last season had 670 drives with 179 of those winners.
We adjourned to consider the question of penalty.
reasonsforpenalty:
In determining penalty we took into account that Miss Panella was a Junior Driver albeit an experienced one, her ready admission of the breach, her good record and the fact that it was her first drive in this country. We also took into account the status of the race and after due consideration believed that an appropriate penalty on this occasion was a fine of $250.
penalty:
On resuming the hearing we gave our reasons and advised Miss Panella that she was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: L Panella-Junior Horsewoman
Otherperson: M Jones-Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f0f596c5ca9ba3207a35ec72d656dec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a00dda4c7c1a5d255f83e9321cc8356c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2013
meet_title: Ashburton TC - 28 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC