NZ Metro TC 12 December 2015 – R 1 – Chair, R McKenzie
ID: JCA14431
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 White having admitted the charge, the charge was found proved.
Penalty:
Mr White’s Advanced Amateur Horseman’s Licence is suspended for a period of 7 weeks commencing after the close of racing on Saturday, 12 December 2015, up to and including Sunday, 31 January 2016. He may drive again on 1 February 2016.
The period of 7 weeks is set on the basis that there are approximately four races for Amateur Drivers in the South Island in that period.
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 A C White, alleging a breach of Rule 869 (2) (a) in that, as the driver of ROMANITE in the race, he used his whip excessively over the concluding stages.
Mr White was present at the hearing of the information and he indicated that he admitted the breach.
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 600 metres of the race. He pointed out Mr White, driving ROMANITE, racing in 3rd position passing the 500 metres. He pointed out Mr White activate the removable deafeners and go to a free hand with the whip and, from that point (approximately 350 metres from home), Stewards alleged that Mr White had used the whip 28 times. He paused briefly on two occasions, Mr Ydgren said.
Mr White had found himself in a position where he had “gone slightly early” and, as a consequence, the number of strikes had added up very quickly. It being a close finish, Mr White has gone back to the whip and the number of strikes had increased rapidly from that point on.
28 strikes is a number that, Stewards say, amounts to a breach of the Rule, Mr Ydgren said.
Mr White said that his horse was favourite for the race. He had found himself getting to the front too early, he said. His horse was “flat”, but so was the rest of the field, and he tried to “pinch a break”, he said. He acknowledged that the number of whip strikes was excessive and in breach of the Rule.
Mr White said that he was conscious at the time that the number of strikes was getting up and he did pause on two occasions. The horse had been responding to his use of the whip and he thought it was going to win. It fought back strongly near the finish and was beaten by a head, Mr White said. He said that he had counted 26 strikes on the video replay. He submitted that it was an error of judgement on his part.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension for a breach of the Rule.
Mr White has a clear record, Mr Ydgren said. He is a very experienced driver with in excess of 600 career drives. This was only his 3rd drive in the current season.
Having regard to Mr White’s admission of the breach and his good record, Stewards submitted that an appropriate penalty was a fine of $350-400.
Mr White said that amateur drivers do not get paid for driving. He said that he would like the Committee to consider a suspension. He has not driven previously in the North Island, he said.
Mr Ydgren pointed out the provision in the Penalty Guide:
A judicial committee is to equate 1 drive with a fine of $50 (current losing driving fee is $75 plus GST).
On that basis, Mr Ydgren submitted, a suspension of 7-8 drives would be appropriate in this case.
After a discussion, Mr White indicated that he would prefer a term of suspension to a fine, notwithstanding the vagueness surrounding the upcoming meetings at which there would be a race for amateur drivers on the programme.
Reasons for Penalty:
The Committee was prepared to accede to Mr White’s preference for a suspension over a fine. It is always problematic fixing a term of suspension for amateur drivers, for the reason that they drive only infrequently- usually no more than 1 drive per fortnight. The Committee was aware of 4 race meetings between the present time and the end of January 2016 at which Mr White would be able to drive.
In this case, Mr Ydgren submitted for a 7-8 drives suspension which, if imposed, would extend well after the end of January. Strictly speaking, to equate a term of suspension to a fine of, say, $300 would be 6 drives.
The Committee intends to impose a suspension up to and including 31 January 2016, notwithstanding that such term would involve less than the 7-8 drives, as far as we can tell. It is more likely to include just the 4 drives to which we referred.
That is a sufficient penalty, in the Committee’s view, for the present breach having regard to Mr White’s admission of the breach and his good record. We have also taken into account, as an aggravating factor, that the number of strikes in this case was at the higher end.
JCA Decision Fields (raw)
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hearingid: 823c8dab5424cedcfc662383e98db24b
informantnumber: A6350
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 A C White, alleging a breach of Rule 869 (2) (a) in that, as the driver of ROMANITE in the race, he used his whip excessively over the concluding stages.
Mr White was present at the hearing of the information and he indicated that he admitted the breach.
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 600 metres of the race. He pointed out Mr White, driving ROMANITE, racing in 3rd position passing the 500 metres. He pointed out Mr White activate the removable deafeners and go to a free hand with the whip and, from that point (approximately 350 metres from home), Stewards alleged that Mr White had used the whip 28 times. He paused briefly on two occasions, Mr Ydgren said.
Mr White had found himself in a position where he had “gone slightly early” and, as a consequence, the number of strikes had added up very quickly. It being a close finish, Mr White has gone back to the whip and the number of strikes had increased rapidly from that point on.
28 strikes is a number that, Stewards say, amounts to a breach of the Rule, Mr Ydgren said.
Mr White said that his horse was favourite for the race. He had found himself getting to the front too early, he said. His horse was “flat”, but so was the rest of the field, and he tried to “pinch a break”, he said. He acknowledged that the number of whip strikes was excessive and in breach of the Rule.
Mr White said that he was conscious at the time that the number of strikes was getting up and he did pause on two occasions. The horse had been responding to his use of the whip and he thought it was going to win. It fought back strongly near the finish and was beaten by a head, Mr White said. He said that he had counted 26 strikes on the video replay. He submitted that it was an error of judgement on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr White having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 2 days’ suspension for a breach of the Rule.
Mr White has a clear record, Mr Ydgren said. He is a very experienced driver with in excess of 600 career drives. This was only his 3rd drive in the current season.
Having regard to Mr White’s admission of the breach and his good record, Stewards submitted that an appropriate penalty was a fine of $350-400.
Mr White said that amateur drivers do not get paid for driving. He said that he would like the Committee to consider a suspension. He has not driven previously in the North Island, he said.
Mr Ydgren pointed out the provision in the Penalty Guide:
A judicial committee is to equate 1 drive with a fine of $50 (current losing driving fee is $75 plus GST).
On that basis, Mr Ydgren submitted, a suspension of 7-8 drives would be appropriate in this case.
After a discussion, Mr White indicated that he would prefer a term of suspension to a fine, notwithstanding the vagueness surrounding the upcoming meetings at which there would be a race for amateur drivers on the programme.
reasonsforpenalty:
The Committee was prepared to accede to Mr White’s preference for a suspension over a fine. It is always problematic fixing a term of suspension for amateur drivers, for the reason that they drive only infrequently- usually no more than 1 drive per fortnight. The Committee was aware of 4 race meetings between the present time and the end of January 2016 at which Mr White would be able to drive.
In this case, Mr Ydgren submitted for a 7-8 drives suspension which, if imposed, would extend well after the end of January. Strictly speaking, to equate a term of suspension to a fine of, say, $300 would be 6 drives.
The Committee intends to impose a suspension up to and including 31 January 2016, notwithstanding that such term would involve less than the 7-8 drives, as far as we can tell. It is more likely to include just the 4 drives to which we referred.
That is a sufficient penalty, in the Committee’s view, for the present breach having regard to Mr White’s admission of the breach and his good record. We have also taken into account, as an aggravating factor, that the number of strikes in this case was at the higher end.
penalty:
Mr White’s Advanced Amateur Horseman’s Licence is suspended for a period of 7 weeks commencing after the close of racing on Saturday, 12 December 2015, up to and including Sunday, 31 January 2016. He may drive again on 1 February 2016.
The period of 7 weeks is set on the basis that there are approximately four races for Amateur Drivers in the South Island in that period.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: A C White, Licensed Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ba23cdcce2f503913fe0c12f65677717
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
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race_chair:
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race_pm2:
meetid: 29edabcc8b59f0562b2098e5b6c7fd2c
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meetdate: 12/12/2015
meet_title: NZ Metro TC - 12 December 2015
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PKnowles
meet_pm2: none
name: NZ Metro TC