Methven TC 9 December 2012 R 12 – heard 15 December 2012
ID: JCA14986
Meet Title:
NZ Metro TC - 15 December 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/12/15
Race Number:
R1
Decision:
Mr Jenkins having admitted the breach, the charge is found proved.
Penalty:
Charge:
Following the running of Race 12, Textile Bag & Sack Co Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R H Jenkins, alleging a breach of Rule 869 (2) (a) in that, as the driver of BEAUDIENE BECKHAM in the race, he “used his whip in an excessive manner over the concluding stages”.
Mr Ydgren produced a letter signed by the Operations Manager of the Racing Integrity Unit pursuant to Rule 1103 (4) (c) granting permission for the filing of the information.
The information was served on Mr Jenkins at the meeting of New Zealand Metropolitan Trotting Club meeting at Addington Raceway on 15 December 2012. Mr Jenkins had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed at the hearing that Mr Jenkins had indicated that he did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Facts:
Mr Ydgren showed video replays of the final 300 metres of the race. He pointed out Mr Jenkins, driving BEAUDIENE BECKHAM, challenging for and taking the lead as the field turned for home. He alleged that, from that point, Mr Jenkins used his whip on approximately 28 occasions. He said that some 7-8 were with the rein in his hand but the remainder were with his right hand free of the reins. Mr Ydgren alleged that Mr Jenkins’ use of the whip was “quite continuous with very few pauses”. BEAUDIENE BECKHAM had finished in 2nd placing in the race, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Jenkins had a clear record and that he had made a very frank admission of the breach. His explanation was that he had commenced using the whip too early in the straight and had got excited when being challenged for the lead near the finish. Mr Ydgren submitted that the appropriate penalty was a fine of $200.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr Jenkins’ good record and his frank admission of the breach. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the Respondent has a clear record and admits the breach.
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: 955beca8df0a168388dce47cb8bdcc9f
informantnumber: A5592
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Methven TC 9 December 2012 R 12 - heard 15 December 2012
charge:
Following the running of Race 12, Textile Bag & Sack Co Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R H Jenkins, alleging a breach of Rule 869 (2) (a) in that, as the driver of BEAUDIENE BECKHAM in the race, he “used his whip in an excessive manner over the concluding stages”.
Mr Ydgren produced a letter signed by the Operations Manager of the Racing Integrity Unit pursuant to Rule 1103 (4) (c) granting permission for the filing of the information.
The information was served on Mr Jenkins at the meeting of New Zealand Metropolitan Trotting Club meeting at Addington Raceway on 15 December 2012. Mr Jenkins had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed at the hearing that Mr Jenkins had indicated that he did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
facts:
Mr Ydgren showed video replays of the final 300 metres of the race. He pointed out Mr Jenkins, driving BEAUDIENE BECKHAM, challenging for and taking the lead as the field turned for home. He alleged that, from that point, Mr Jenkins used his whip on approximately 28 occasions. He said that some 7-8 were with the rein in his hand but the remainder were with his right hand free of the reins. Mr Ydgren alleged that Mr Jenkins’ use of the whip was “quite continuous with very few pauses”. BEAUDIENE BECKHAM had finished in 2nd placing in the race, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Jenkins having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Jenkins had a clear record and that he had made a very frank admission of the breach. His explanation was that he had commenced using the whip too early in the straight and had got excited when being challenged for the lead near the finish. Mr Ydgren submitted that the appropriate penalty was a fine of $200.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr Jenkins’ good record and his frank admission of the breach. The Committee accepted that a fine of that amount was the usual penalty for a breach of the Rule in a case where the Respondent has a clear record and admits the breach.
penalty:
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr R H Jenkins - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0832c38f18ff5d09e4f9837e18e47b61
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: 3ab464c63394dd921db59018ab831c71
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2012
meet_title: NZ Metro TC - 15 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC