NZ Metropolitan TC 16 February 2018 – R 9 – Chair, Mr R McKenzie
ID: JCA14902
Meet Title:
NZ Metro TC - 16 February 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2018/02/16
Race Number:
R9
Decision:
Ms Rasmussen having admitted the breach, the charge was found proved.
Penalty:
Ms Rasmussen is fined the sum of $500.
Facts:
Following the running of Race 9, PGG Wrightson NZ Yearling Sales Series Final (Listed Race), an information was filed by Stipendiary Steward, Mr ST Mulcay, against Licensed Open Driver, Ms NC Rasmussen, alleging that, as the driver of ELLE MAC in the race, she “used her whip in an excessive manner in the final 400 metres”.
Ms Rasmussen had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that the breach was admitted.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Mulcay showed to the hearing a video replay of the final 400 metres of the race. He pointed out Ms Rasmussen driving ELLE MAC, racing outside the leader, BETTOR JOY, as the field approached the final straight. Inside the final 400 metres, Ms Rasmussen commenced using her whip in a striking motion, albeit with a “limited action”. After balancing for the run home, Ms Rasmussen continued to drive the filly out, Mr Mulcay said. Stewards estimated that the total number of times that the whip was used in a striking motion was sixteen.
Ms Rasmussen acknowledged to the Committee that she accepted the alleged count of sixteen strikes. She said that she did not fully understand the Regulations and explained that she had spent a lot of time driving in Australia recently. She thought that the restriction on the number of strikes referred to the final straight, and she had counted thirteen strikes in the home straight. Prior to the home straight, she had just “tapped her up”.
Mr Mulcay said that those early strikes were “rapid fire”, but with a limited action.
The Committee noted that ELLE MAC finished in 2nd placing in the race, ¾ length from the winner.
Submissions for Penalty:
Mr Mulcay informed the Committee that Ms Rasmussen has a clear record in the last 6 months as far as a breach of the Rule is concerned. This was a mitigating factor along with her admission of the breach., he said. He referred to the status of the race and the stake payable – a Listed Race for a stake of $165,000 – which was an aggravating factor, he submitted.
Mr Mulcay then referred to the starting points for penalty provided in the Use of the Whip Regulations. The sliding scale for a breach of the Rule involving a number of strikes in the range of 14-16 provides for a fine of $300, he said. Having regard to the aggravating factor referred to, Stewards were submitting that a fine of double that amount ($600) was an appropriate penalty.
The Committee explained to Ms Rasmussen the sliding scale in the Regulations and the aggravating factor of the status of the race and the stake payable. Following that, she had no submission to make in relation to penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed starting point for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 14-16 is a fine of $300. However, a clear aggravating factor was that referred to by Mr Mulcay – that is to say, the status of the race and the stake payable. Such an aggravating factor demanded an increase to the sliding scale starting point of $300. We fixed such increase at $200. Mitigating factors were Ms Rasmussen’s admission of the breach and her clear record, but they were unexceptional and not warranting a discount.
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: 89e4e835e9ab2c2d42775750b87714cb
informantnumber: A09954
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2018
hearing_title: NZ Metropolitan TC 16 February 2018 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, PGG Wrightson NZ Yearling Sales Series Final (Listed Race), an information was filed by Stipendiary Steward, Mr ST Mulcay, against Licensed Open Driver, Ms NC Rasmussen, alleging that, as the driver of ELLE MAC in the race, she “used her whip in an excessive manner in the final 400 metres”.
Ms Rasmussen had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that the breach was admitted.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Mulcay showed to the hearing a video replay of the final 400 metres of the race. He pointed out Ms Rasmussen driving ELLE MAC, racing outside the leader, BETTOR JOY, as the field approached the final straight. Inside the final 400 metres, Ms Rasmussen commenced using her whip in a striking motion, albeit with a “limited action”. After balancing for the run home, Ms Rasmussen continued to drive the filly out, Mr Mulcay said. Stewards estimated that the total number of times that the whip was used in a striking motion was sixteen.
Ms Rasmussen acknowledged to the Committee that she accepted the alleged count of sixteen strikes. She said that she did not fully understand the Regulations and explained that she had spent a lot of time driving in Australia recently. She thought that the restriction on the number of strikes referred to the final straight, and she had counted thirteen strikes in the home straight. Prior to the home straight, she had just “tapped her up”.
Mr Mulcay said that those early strikes were “rapid fire”, but with a limited action.
The Committee noted that ELLE MAC finished in 2nd placing in the race, ¾ length from the winner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Rasmussen having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Mulcay informed the Committee that Ms Rasmussen has a clear record in the last 6 months as far as a breach of the Rule is concerned. This was a mitigating factor along with her admission of the breach., he said. He referred to the status of the race and the stake payable – a Listed Race for a stake of $165,000 – which was an aggravating factor, he submitted.
Mr Mulcay then referred to the starting points for penalty provided in the Use of the Whip Regulations. The sliding scale for a breach of the Rule involving a number of strikes in the range of 14-16 provides for a fine of $300, he said. Having regard to the aggravating factor referred to, Stewards were submitting that a fine of double that amount ($600) was an appropriate penalty.
The Committee explained to Ms Rasmussen the sliding scale in the Regulations and the aggravating factor of the status of the race and the stake payable. Following that, she had no submission to make in relation to penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed starting point for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 14-16 is a fine of $300. However, a clear aggravating factor was that referred to by Mr Mulcay – that is to say, the status of the race and the stake payable. Such an aggravating factor demanded an increase to the sliding scale starting point of $300. We fixed such increase at $200. Mitigating factors were Ms Rasmussen’s admission of the breach and her clear record, but they were unexceptional and not warranting a discount.
penalty:
Ms Rasmussen is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: Mr ST Mulcay - Stipendiary Steward
JockeysandTrainer: Ms NC Rasmussen - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 796c79ec9b1e2ab5fe4db123a1f9403b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6990eb8b3eea474e0db76a10ca005b09
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/02/2018
meet_title: NZ Metro TC - 16 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC