Banks Peninsula TC 29 December 2016 – R 7 – Chair, Mr R McKenzie
ID: JCA15438
Meet Title:
Banks Peninsula TC - 29 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/29
Race Number:
R7
Decision:
Mr White having admitted the breach, the charge was found proved.
Penalty:
Mr White’s Open Horseman’s Licence is suspended from after the close of racing on 29 December 2016 up to and including 8 January 2017 – 2 days. The meetings intended to be encompassed by the term of suspension are Timaru HRC on 6 January and Rangiora HRC on 8 January 2017.
Facts:
Following the running of Race 7, Wakefield & Williams Grass Track Championship Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J White, alleging that, as the driver of ALL ABOUT HENRY in the race, he “used his whip excessively inside the final 400 metres”.
Mr White was present at the hearing of the information and he indicated that he admitted the breach.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr White, driving ALL ABOUT HENRY, improving the widest of runners as the field turned into the home straight. Mr White activated the removable deafeners shortly thereafter and, from approximately the 200 metres, used his whip in his right hand and free of the rein on 12 occasions.
Mr White said that he agreed with Mr Ydgren’s count of 12 strikes. He said that the last 3 had been very close to the finishing line but said that it was difficult to count at the time. He said that he had attempted to break up his use of the whip and had misjudged it at a late stage in the race, it being such a close finish (ALL ABOUT HENRY finished in 2nd placing, a nose from the winner).
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 2-days’ suspension. Mr White had admitted the breach at a very early stage and had been frank with the Stewards in his admission of the breach. Mr White has been driving in New Zealand for three seasons and has not been spoken to by the Stewards for any breach of the Rules. A fine of not less than $300 was appropriate, Mr Ydgren submitted.
Mr White estimated that he had had approximately 75 drives since his last breach, which was 2½ years ago, he said. Mr Ydgren advised that Mr White has had 6 drives in the current season, 10 in 2015/2016 and 54 in 2014/2015.
Mr White expressed a preference for a suspension rather than a fine. He said that five of his (now) eight drives this season have been in the last 3 weeks. The two horses that he drove at today’s meeting are likely to race at Timaru on 6 January and/or Rangiora on 8 January. Mr Ydgren confirmed that Mr White has been more “active” recently. He submitted that, if the Committee were to impose a suspension, a suspension of 2-3 days would be appropriate having regard to the Penalty Guide.
Reasons for Penalty:
The Committee had regard to the Penalty Guide starting point of a 2-days’ suspension. The Committee noted Mr White’s preference for a suspension. His good record and admission of the breach are cogent mitigating factors. The breach itself (12 strikes) was in the low range. However, to allow Mr White any discount from a starting point of 2 days would mean that the term of suspension would be inadequate, having regard to the frequency with which Mr White drives. Therefore, the Committee decided that a suspension of 2 days would be imposed.
Decision Date: 02/01/2017
Publish Date: 02/01/2017
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: 93057625a6795b48bc9ae6a656890465
informantnumber: A8340
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2017
hearing_title: Banks Peninsula TC 29 December 2016 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, Wakefield & Williams Grass Track Championship Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J White, alleging that, as the driver of ALL ABOUT HENRY in the race, he “used his whip excessively inside the final 400 metres”.
Mr White was present at the hearing of the information and he indicated that he admitted the breach.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr White, driving ALL ABOUT HENRY, improving the widest of runners as the field turned into the home straight. Mr White activated the removable deafeners shortly thereafter and, from approximately the 200 metres, used his whip in his right hand and free of the rein on 12 occasions.
Mr White said that he agreed with Mr Ydgren’s count of 12 strikes. He said that the last 3 had been very close to the finishing line but said that it was difficult to count at the time. He said that he had attempted to break up his use of the whip and had misjudged it at a late stage in the race, it being such a close finish (ALL ABOUT HENRY finished in 2nd placing, a nose from the winner).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr White having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 2-days’ suspension. Mr White had admitted the breach at a very early stage and had been frank with the Stewards in his admission of the breach. Mr White has been driving in New Zealand for three seasons and has not been spoken to by the Stewards for any breach of the Rules. A fine of not less than $300 was appropriate, Mr Ydgren submitted.
Mr White estimated that he had had approximately 75 drives since his last breach, which was 2½ years ago, he said. Mr Ydgren advised that Mr White has had 6 drives in the current season, 10 in 2015/2016 and 54 in 2014/2015.
Mr White expressed a preference for a suspension rather than a fine. He said that five of his (now) eight drives this season have been in the last 3 weeks. The two horses that he drove at today’s meeting are likely to race at Timaru on 6 January and/or Rangiora on 8 January. Mr Ydgren confirmed that Mr White has been more “active” recently. He submitted that, if the Committee were to impose a suspension, a suspension of 2-3 days would be appropriate having regard to the Penalty Guide.
reasonsforpenalty:
The Committee had regard to the Penalty Guide starting point of a 2-days’ suspension. The Committee noted Mr White’s preference for a suspension. His good record and admission of the breach are cogent mitigating factors. The breach itself (12 strikes) was in the low range. However, to allow Mr White any discount from a starting point of 2 days would mean that the term of suspension would be inadequate, having regard to the frequency with which Mr White drives. Therefore, the Committee decided that a suspension of 2 days would be imposed.
penalty:
Mr White’s Open Horseman’s Licence is suspended from after the close of racing on 29 December 2016 up to and including 8 January 2017 – 2 days. The meetings intended to be encompassed by the term of suspension are Timaru HRC on 6 January and Rangiora HRC on 8 January 2017.
hearing_type: Hearing
Rules: 869(2((a)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr DJ White - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2adbc947fb1b7184d973574ed802a7dc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ad7b0cce720d9358fd575cafebadfe6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2016
meet_title: Banks Peninsula TC - 29 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC