NZ Metro TC 28 September 2018 – R 3 – Chair, Mr R McKenzie
ID: JCA15039
Meet Title:
NZ Metro TC - 28 September 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2018/09/28
Race Number:
R 3
Decision:
Mr Morrison having admitted the breach, the charge was found proved.
Penalty:
Mr Morrison is fined the sum of $200.
Facts:
Following the running of Race 3, 30 September – Last Chance to Win – Cup Day Experience Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr J C Morrison, alleging that Mr Morrison, as the driver of ROSINUPTHEBOW in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.
Mr Morrison had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information. Mr Renault informed the Committee that Mr Morrison, a Junior Horseman, had declined the opportunity to be assisted by a Senior Horseman prior to entering a plea to the charge.
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 Renault showed a video replay of the final 400 metres of the race. He pointed out ROSINUPTHEBOW racing towards the rear of the field in the one-out line. Mr Renault said that Stewards were alleging that Mr Morrison had used his whip on 12 occasions inside the final 400 metres. There were two “taps” early on that were not being included in the count, he said. In the home straight, the horse made ground through the middle of runners, finishing in 5th placing.
Submissions for Penalty:
Mr Renault said that Mr Morrison has had 70 drives in the current season to date and last season had a total of 370 drives. He is a quite busy driver, he said. He has a previous breach of the Rule against his record – fined $200 at Wyndham on 6th January this year. However, that was outside the 6 months’ reset period, Mr Renault said. He submitted for a fine of $200 in terms of the penalty guide sliding scale in the Use of the Whip Regulations.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence, which this breach is deemed to be, involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.
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: 9d81f77d8d5e1525d2a8b0a7c0ba0d2d
informantnumber: A09994
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/10/2018
hearing_title: NZ Metro TC 28 September 2018 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, 30 September – Last Chance to Win – Cup Day Experience Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr J C Morrison, alleging that Mr Morrison, as the driver of ROSINUPTHEBOW in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.
Mr Morrison had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information. Mr Renault informed the Committee that Mr Morrison, a Junior Horseman, had declined the opportunity to be assisted by a Senior Horseman prior to entering a plea to the charge.
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 Renault showed a video replay of the final 400 metres of the race. He pointed out ROSINUPTHEBOW racing towards the rear of the field in the one-out line. Mr Renault said that Stewards were alleging that Mr Morrison had used his whip on 12 occasions inside the final 400 metres. There were two “taps” early on that were not being included in the count, he said. In the home straight, the horse made ground through the middle of runners, finishing in 5th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Morrison having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault said that Mr Morrison has had 70 drives in the current season to date and last season had a total of 370 drives. He is a quite busy driver, he said. He has a previous breach of the Rule against his record – fined $200 at Wyndham on 6th January this year. However, that was outside the 6 months’ reset period, Mr Renault said. He submitted for a fine of $200 in terms of the penalty guide sliding scale in the Use of the Whip Regulations.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence, which this breach is deemed to be, involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.
penalty:
Mr Morrison is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr J C Morrison - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6d39b58407445fd90dad4f290831f701
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a82b7e84b650047d8022f581049c811
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2018
meet_title: NZ Metro TC - 28 September 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