Auckland TC 12 May 2017 – R 1 – Chair, Mr B Scott
ID: JCA14399
Meet Title:
Auckland TC - 12 May 2017
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2017/05/12
Race Number:
R1
Decision:
The Charge is admitted and therefore it is upheld.
Penalty:
The Committee imposes a fine of $300.00 on Mr Delany.
Facts:
After the running of the FRANKLIN PARK YEARLING PARADE 29 JUL MOBILE PACE an Information was lodged by Stipendiary Steward Mr B Jones against Junior Driver Mr N Delany alleging that Mr Delany used his whip excessively inside the final 400 metres when driving STUNNING SHADOW.
Rule 869(2)(a) provides : No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.
The HRNZ Use of Whip Guidelines provide that the use of the whip more than 10 times in the last 400 metres of a Race is excessive. Those Guidelines came into force on December 1st 2016.
Mr Delany was present at the Hearing and advised the Committee that he understood the Rule and the Guidelines and that he admitted the breach.
Mr Delany was assisted by Senior Horseman Mr B Edwards.
Mr Jones demonstrated the incident by use of the Race films and showed where Mr Delany used his whip 15 times on STUNNING SHADOW in the last 300 metres. He said there was no respite in the whip use.
Mr Edwards on behalf of Mr Delany said he was a young Driver and he got a bit keen. Mr Delany confirmed that he was aware of the Whip Guidelines. The number of strikes was agreed.
Submissions for Penalty:
Mr Jones referred to the JCA Guidelines which provide for a fine of $500.00 or a 2 day suspension of Licence. He said however that Mr Delany has only been a Licensed Driver this season and he has admitted the charge.
Stipendiary Steward Mr JM Muirhead said that Mr Delany had been very respectful with the Stewards and had displayed a good attitude.
Mr Jones submitted that in the circumstances a fine of $300.00 was appropriate.
Mr Edwards asked that this be dealt with by a fine rather than a suspension and he said Mr Delany does not get a lot of drives and he has only had 11 drives so far this season. He asked the Committee to take into account that Mr Delany is a very inexperienced Junior Driver and also that he has admitted the breach.
Reasons for Penalty:
The Committee viewed the race films. The aggravating feature is that there were 15 strikes with the whip and in terms of the Whip Guidelines this is clearly excessive.
We do however take into account Mr Delany's admission of the breach , the fact that he is an inexperienced Junior Driver and the fact that this is his first charge under this rule.
Taking all the circumstances into account we agree that a fine of $300.00 is appropriate.
We also warned Mr Delany that a further breach of this Rule within a 6 month period would result in a 3-5 day suspension.
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: 7e4d15e66ac9d10d3b2279105181a224
informantnumber: A9110
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/05/2017
hearing_title: Auckland TC 12 May 2017 - R 1 - Chair, Mr B Scott
charge:
facts:
After the running of the FRANKLIN PARK YEARLING PARADE 29 JUL MOBILE PACE an Information was lodged by Stipendiary Steward Mr B Jones against Junior Driver Mr N Delany alleging that Mr Delany used his whip excessively inside the final 400 metres when driving STUNNING SHADOW.
Rule 869(2)(a) provides : No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.
The HRNZ Use of Whip Guidelines provide that the use of the whip more than 10 times in the last 400 metres of a Race is excessive. Those Guidelines came into force on December 1st 2016.
Mr Delany was present at the Hearing and advised the Committee that he understood the Rule and the Guidelines and that he admitted the breach.
Mr Delany was assisted by Senior Horseman Mr B Edwards.
Mr Jones demonstrated the incident by use of the Race films and showed where Mr Delany used his whip 15 times on STUNNING SHADOW in the last 300 metres. He said there was no respite in the whip use.
Mr Edwards on behalf of Mr Delany said he was a young Driver and he got a bit keen. Mr Delany confirmed that he was aware of the Whip Guidelines. The number of strikes was agreed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge is admitted and therefore it is upheld.
sumissionsforpenalty:
Mr Jones referred to the JCA Guidelines which provide for a fine of $500.00 or a 2 day suspension of Licence. He said however that Mr Delany has only been a Licensed Driver this season and he has admitted the charge.
Stipendiary Steward Mr JM Muirhead said that Mr Delany had been very respectful with the Stewards and had displayed a good attitude.
Mr Jones submitted that in the circumstances a fine of $300.00 was appropriate.
Mr Edwards asked that this be dealt with by a fine rather than a suspension and he said Mr Delany does not get a lot of drives and he has only had 11 drives so far this season. He asked the Committee to take into account that Mr Delany is a very inexperienced Junior Driver and also that he has admitted the breach.
reasonsforpenalty:
The Committee viewed the race films. The aggravating feature is that there were 15 strikes with the whip and in terms of the Whip Guidelines this is clearly excessive.
We do however take into account Mr Delany's admission of the breach , the fact that he is an inexperienced Junior Driver and the fact that this is his first charge under this rule.
Taking all the circumstances into account we agree that a fine of $300.00 is appropriate.
We also warned Mr Delany that a further breach of this Rule within a 6 month period would result in a 3-5 day suspension.
penalty:
The Committee imposes a fine of $300.00 on Mr Delany.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr N Delany - Junior Driver
Otherperson: Mr B Edwards - Senior Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 508911a501bc1d1bcfe51cb3ea47a077
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: 2c9a5bb80d68c40919a25724c1f2507a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2017
meet_title: Auckland TC - 12 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC