NZ Metro TC 16 December 2016 – R 3 – Chair, Mr R McKenzie
ID: JCA14778
Meet Title:
NZ Metro TC - 16 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/16
Race Number:
R3
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
Penalty:
Mr Curtin was fined the sum of $300.
Facts:
Following the running of Race 3, Graham Hill Roofing Ltd Free-for-All Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr J F Curtin, alleging that, as the driver of MAVERICK in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr Curtin had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Curtin 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault, showed a video replay of the final 400 metres of the race. He had Mr N G McIntyre, Manager of Stewards, point out Mr Curtin, driving MAVERICK, racing in about 6th position following the horse racing in the one-one position. Shortly thereafter, Mr Curtin used his whip on two occasions with the rein in his hand. These did not count, Mr Renault said. Mr Curtin then activated the removable deafeners on the horse and commenced using his whip. From that point, Mr Renault alleged, Mr Curtin used his whip on 14 occasions, all free of the rein. Mr Renault informed the Committee that Mr Curtin had accepted the alleged number of 14 strikes.
Submissions for Penalty:
Mr Renault told the Committee that Mr Curtin has had 191 drives in the current season to date and, in the 2015/2016 season, had a total of 420 drives. He has a clear record going back over the past 12 months which, Mr Renault said, is a very good record considering the number of drives that he has.
Mr Renault submitted that, having regard to Mr Curtin’s admission of the breach and his very good record, an appropriate penalty in this case was a fine of $300.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the mid-range. Mitigating factors were Mr Curtin’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
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: 7b4f938291b3430b73a7582e202e4d9a
informantnumber: A8373
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/12/2016
hearing_title: NZ Metro TC 16 December 2016 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Graham Hill Roofing Ltd Free-for-All Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr J F Curtin, alleging that, as the driver of MAVERICK in the race, he “used his whip in an excessive manner in the final 400 metres”.
Mr Curtin had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Curtin 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault, showed a video replay of the final 400 metres of the race. He had Mr N G McIntyre, Manager of Stewards, point out Mr Curtin, driving MAVERICK, racing in about 6th position following the horse racing in the one-one position. Shortly thereafter, Mr Curtin used his whip on two occasions with the rein in his hand. These did not count, Mr Renault said. Mr Curtin then activated the removable deafeners on the horse and commenced using his whip. From that point, Mr Renault alleged, Mr Curtin used his whip on 14 occasions, all free of the rein. Mr Renault informed the Committee that Mr Curtin had accepted the alleged number of 14 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Curtin has had 191 drives in the current season to date and, in the 2015/2016 season, had a total of 420 drives. He has a clear record going back over the past 12 months which, Mr Renault said, is a very good record considering the number of drives that he has.
Mr Renault submitted that, having regard to Mr Curtin’s admission of the breach and his very good record, an appropriate penalty in this case was a fine of $300.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the mid-range. Mitigating factors were Mr Curtin’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
penalty:
Mr Curtin was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: J F Curtin, Licensed Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 480d5e0af381a19d3e1c0532b767244b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 44c89cf5e3f068b3d66bca0a3e21045e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2016
meet_title: NZ Metro TC - 16 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC