Archive Decision

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NZ Metro TC 14 November 2017 – R 8 – Chair, Prof G Hall

ID: JCA15184

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr M Anderson - Junior Driver

Other Person:
Mr B Mangos - Open Horseman assisting Mr Anderson

Information Number:
A5546

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 14 November 2017

Meet Chair:
GHall

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/14

Race Number:
R 8

Decision:

Mr Anderson admitted the breach and thus the breach is found proved.

Penalty:

Mr Anderson is suspended from the conclusion of racing on 19 November 2017 up to and including 24 November 2017. This is 3 days: Manawatu Tuesday 21 and Thursday 23 November, and Invercargill 24 November.

Facts:

Mr Ydgren alleged that Mr M Anderson (THE DORCHESTER) used his whip excessively in race 8 the PASCOES THE JEWELLERS MOBILE PACE.

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 Anderson, who had the assistance of Mr Mangos, confirmed at the commencement of the hearing that he admitted the breach.

Mr Ydgren demonstrated on the video that Mr Anderson had moved down into the passing lane to the inside of MONGOLIAN STORM in the run to the line. Mr Anderson then used his whip some 11 to 12 times free of the reins.

Both Mr Anderson and Mr Mangos accepted this count as being accurate. Mr Mangos emphasised that 2 of the strikes were to the shaft and that Mr Anderson had only won the race by a short margin.

Mr Anderson pointed out there was a brief pause after the fifth strike. He also explained he was getting the best out of his horse in a close finish.

Submissions for Penalty:

Mr Ydgren produced Mr Anderson’s record, which evidenced that this was a second breach of this rule in the past 6 months. On 7 October last Mr Anderson had been fined $300. He had had 24 drives since this time.

Mr Ydgren submitted that a 3-day suspension was appropriate. Mr Anderson did not disagree with this. He stated he had driving engagements on Sunday and that he had been asked by Mr Vince to drive his horses at Manawatu next week.

Reasons for Penalty:

The starting point in the JCA Penalty Guide is a 3 to 5-day suspension. Having regard to the fact that Mr Anderson was just above the 10-strike threshold, we take a 3-day starting point. We note his admission of the breach and impose a penalty at the bottom end of the range.

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: 732e73354daa7091830da8886ae05bb5


informantnumber: A5546


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/11/2017


hearing_title: NZ Metro TC 14 November 2017 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr Ydgren alleged that Mr M Anderson (THE DORCHESTER) used his whip excessively in race 8 the PASCOES THE JEWELLERS MOBILE PACE.

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 Anderson, who had the assistance of Mr Mangos, confirmed at the commencement of the hearing that he admitted the breach.

Mr Ydgren demonstrated on the video that Mr Anderson had moved down into the passing lane to the inside of MONGOLIAN STORM in the run to the line. Mr Anderson then used his whip some 11 to 12 times free of the reins.

Both Mr Anderson and Mr Mangos accepted this count as being accurate. Mr Mangos emphasised that 2 of the strikes were to the shaft and that Mr Anderson had only won the race by a short margin.

Mr Anderson pointed out there was a brief pause after the fifth strike. He also explained he was getting the best out of his horse in a close finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Anderson admitted the breach and thus the breach is found proved.


sumissionsforpenalty:

Mr Ydgren produced Mr Anderson’s record, which evidenced that this was a second breach of this rule in the past 6 months. On 7 October last Mr Anderson had been fined $300. He had had 24 drives since this time.

Mr Ydgren submitted that a 3-day suspension was appropriate. Mr Anderson did not disagree with this. He stated he had driving engagements on Sunday and that he had been asked by Mr Vince to drive his horses at Manawatu next week.


reasonsforpenalty:

The starting point in the JCA Penalty Guide is a 3 to 5-day suspension. Having regard to the fact that Mr Anderson was just above the 10-strike threshold, we take a 3-day starting point. We note his admission of the breach and impose a penalty at the bottom end of the range.


penalty:

Mr Anderson is suspended from the conclusion of racing on 19 November 2017 up to and including 24 November 2017. This is 3 days: Manawatu Tuesday 21 and Thursday 23 November, and Invercargill 24 November.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr M Anderson - Junior Driver


Otherperson: Mr B Mangos - Open Horseman assisting Mr Anderson


PersonPresent:


Respondent:


StipendSteward:


raceid: fbae4d542eaeeafca46c030fabfaaf7c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4ad17e19b3cd8c824607559095f07003


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2017


meet_title: NZ Metro TC - 14 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC