Banks Peninsula TC 17 March 2019 – R 6 – Chair, Mr R McKenzie
ID: JCA15384
Meet Title:
Banks Peninsula TC - 17 March 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/03/17
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Howard’s Open Driver’s licence is suspended for a period of 3 months - from after the close of racing on 17 March 2019 up to and including 17 June 2019. In addition, Mr Howard is fined the sum of $500.
Facts:
Following the running of Race 6, Commodore Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M J Howard, alleging that Mr Howard, as the driver of FOR THE KITTY in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
At the commencement of the hearing, Mr Renault explained to the Committee that, when Mr Howard attended in the Stipendiary Stewards’ room following Race 8, he was informed that Stewards wished to speak to him concerning his use of the whip in Race 6. When asked if was aware of the provisions of the Regulation, Mr Howard asked for them to be explained to him. Mr Howard declined the opportunity to view the video replays. When informed that he was to be charged over his use of the whip, Mr Howard left the room.
Paragraph 22 of the Fifth Schedule (Rules of Practice and Procedure for the Judicial Committee) to the New Zealand Rules of Harness Racing provides:
22.1 The Parties shall be entitled to be present at the hearing of any proceeding unless:
(d) the Judicial Committee believes there is good reason to continue in that person’s absence.
22.2 In any of the cases referred to in clause 22.1 the Judicial Committee may proceed in the absence of the person.
The Committee was satisfied that those provisions had application and determined that the hearing should proceed in the absence of Mr Howard.
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 video replays of the final 400 metres of the race. He pointed out FOR THE KITTY, driven by Mr Howard, racing in the trail behind the leader as the field approached the home turn. After entering the passing lane, Stewards were alleging, Mr Howard used his whip 21 times in the run to the finishing line. Of the four replay angles available, no single one clearly showed the alleged 21 strikes but the Committee was satisfied that, when viewed together, the count alleged by Mr Renault was established from those replays.
Submissions for Penalty:
Mr Renault told the Committee that Mr Howard has had 3 drives in the current season before today’s meeting. He has a previous breach of the Rule on his record on 24 February 2019 at Waikouaiti, which involved using his whip on 17 occasions, for which he received a fine of $500. Mr Howard has had one drive since that breach.
Mr Renault said the Mr Howard drives very infrequently. In the 2017/2018 season, he had three drives and, in the 2016/2017 season, also three drives.
Mr Renault referred to the penalties set out in the Regulations for a second breach – a 3-5 days suspension. He submitted that such a penalty would not be meaningful, and therefore inappropriate, in this case. On that basis, Mr Renault submitted, a period of time rather than a number of days would be more appropriate and, because of the high number of strikes on each of this and the previous occasion, a fine would also be appropriate. He would leave that to the Committee, he said.
Reasons for Penalty:
The circumstances of this case are somewhat unusual, not only personal in relation to Mr Howard but also as far as the nature of the offending is concerned. This is the second breach by Mr Howard in his last three drives. The first breach, only three weeks ago, involved 17 strikes and the present breach, only two drives later, involved 21 strikes.
The penalty prescribed in the Regulations, as pointed out by Mr Renault, of a 3-5 days suspension for a second or subsequent breach within 6 months is not helpful to the Committee in this case. Clearly an effective and strong deterrent penalty is called for.
In determining penalty, the Committee has taken a starting point of the $500 fine imposed for the previous breach in February. The penalty also needs to reflect the aggravating factor that this is a second breach within three drives, the fact that the number of strikes (21) places the offending in the high range and we also think it is relevant that FOR THE KITTY, driven by Mr Howard, was able to win the race, possibly, as a result of Mr Howard’s urgings.
The Committee considers that those aggravating factors are best dealt with by way of a term of suspension, in addition to a fine, bearing in mind that the Regulations call for a suspension for a second breach. The term of that suspension will need to reflect the infrequency with which Mr Howard drives (see Penalty Submissions above). The Committee has decided that a 3-months suspension is appropriate in this regard. In deciding that term, the Committee noted that Mr Howard has driven FOR THE KITTY, owned and trained by him, in that filly’s three lifetime starts to date. He would, therefore, be likely to have continued to drive it during its current campaign, so a 3-months’ suspension will have some impact on him.
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: 8c2337c3e986fd2179dc3961f0cdc97e
informantnumber: A7745
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 18/03/2019
hearing_title: Banks Peninsula TC 17 March 2019 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Commodore Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M J Howard, alleging that Mr Howard, as the driver of FOR THE KITTY in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
At the commencement of the hearing, Mr Renault explained to the Committee that, when Mr Howard attended in the Stipendiary Stewards’ room following Race 8, he was informed that Stewards wished to speak to him concerning his use of the whip in Race 6. When asked if was aware of the provisions of the Regulation, Mr Howard asked for them to be explained to him. Mr Howard declined the opportunity to view the video replays. When informed that he was to be charged over his use of the whip, Mr Howard left the room.
Paragraph 22 of the Fifth Schedule (Rules of Practice and Procedure for the Judicial Committee) to the New Zealand Rules of Harness Racing provides:
22.1 The Parties shall be entitled to be present at the hearing of any proceeding unless:
(d) the Judicial Committee believes there is good reason to continue in that person’s absence.
22.2 In any of the cases referred to in clause 22.1 the Judicial Committee may proceed in the absence of the person.
The Committee was satisfied that those provisions had application and determined that the hearing should proceed in the absence of Mr Howard.
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 video replays of the final 400 metres of the race. He pointed out FOR THE KITTY, driven by Mr Howard, racing in the trail behind the leader as the field approached the home turn. After entering the passing lane, Stewards were alleging, Mr Howard used his whip 21 times in the run to the finishing line. Of the four replay angles available, no single one clearly showed the alleged 21 strikes but the Committee was satisfied that, when viewed together, the count alleged by Mr Renault was established from those replays.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Howard has had 3 drives in the current season before today’s meeting. He has a previous breach of the Rule on his record on 24 February 2019 at Waikouaiti, which involved using his whip on 17 occasions, for which he received a fine of $500. Mr Howard has had one drive since that breach.
Mr Renault said the Mr Howard drives very infrequently. In the 2017/2018 season, he had three drives and, in the 2016/2017 season, also three drives.
Mr Renault referred to the penalties set out in the Regulations for a second breach – a 3-5 days suspension. He submitted that such a penalty would not be meaningful, and therefore inappropriate, in this case. On that basis, Mr Renault submitted, a period of time rather than a number of days would be more appropriate and, because of the high number of strikes on each of this and the previous occasion, a fine would also be appropriate. He would leave that to the Committee, he said.
reasonsforpenalty:
The circumstances of this case are somewhat unusual, not only personal in relation to Mr Howard but also as far as the nature of the offending is concerned. This is the second breach by Mr Howard in his last three drives. The first breach, only three weeks ago, involved 17 strikes and the present breach, only two drives later, involved 21 strikes.
The penalty prescribed in the Regulations, as pointed out by Mr Renault, of a 3-5 days suspension for a second or subsequent breach within 6 months is not helpful to the Committee in this case. Clearly an effective and strong deterrent penalty is called for.
In determining penalty, the Committee has taken a starting point of the $500 fine imposed for the previous breach in February. The penalty also needs to reflect the aggravating factor that this is a second breach within three drives, the fact that the number of strikes (21) places the offending in the high range and we also think it is relevant that FOR THE KITTY, driven by Mr Howard, was able to win the race, possibly, as a result of Mr Howard’s urgings.
The Committee considers that those aggravating factors are best dealt with by way of a term of suspension, in addition to a fine, bearing in mind that the Regulations call for a suspension for a second breach. The term of that suspension will need to reflect the infrequency with which Mr Howard drives (see Penalty Submissions above). The Committee has decided that a 3-months suspension is appropriate in this regard. In deciding that term, the Committee noted that Mr Howard has driven FOR THE KITTY, owned and trained by him, in that filly’s three lifetime starts to date. He would, therefore, be likely to have continued to drive it during its current campaign, so a 3-months’ suspension will have some impact on him.
penalty:
Mr Howard’s Open Driver’s licence is suspended for a period of 3 months - from after the close of racing on 17 March 2019 up to and including 17 June 2019. In addition, Mr Howard is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: M J Howard, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fa2adc869097f1668028be5145f8a635
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
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meetid: 678c6edb885b974e748f8757f1ce0460
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meetdate: 17/03/2019
meet_title: Banks Peninsula TC - 17 March 2019
meet_expappcomment:
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tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
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name: Banks Peninsula TC