NZ Metro TC 11 November 2016 – R 11 – Chair, Mr S Ching
ID: JCA15570
Meet Title:
NZ Metro TC - 11 November 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/11/11
Race Number:
R11
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr May was fined the sum of $500.
Facts:
Following the running of Race 11, the “Woodlands” New Zealand Free-For- All, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr RT May, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr May had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr May also confirmed that he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr May driving MOSSDALE CONNER turning for home when 3 back on the pylons. Mr Ydgren said that shortly after entering the home straight, Mr May drew the whip and used it on 28 occasions over the concluding stages. Mr Ydgren stated that the number of strikes was of concern as was the continuous use of the whip with no obvious pauses to give the horse some respite.
In answer to a question from the Committee, Mr Ydgren stated that the strikes were not forceful and that it was just the sheer number and the continuous use of the whip over the final stages that was of concern.
Mr May stated that he had used the whip with rein in his hand and the strikes were not forceful. He said he just wanted to keep the horse’s momentum up as it was a close finish.
Submissions for Penalty:
Mr Ydgren stated that Mr May had a clear record regarding this rule which he would describe as very good, considering the number of drives that he does have. He stated that Mr May had 656 drives last season with 154 drives so far this season. He said the JCA Penalty Guide recommends a starting point of $500 or a 2-day suspension for a breach of this rule and submitted that after consideration for the status of the race being Group 1 with a stake of $260,000, Mr May’s good record and his admission of the breach, that a fine of $500 be considered as penalty in this case.
Mr May submitted that a $500 fine was a stiff fine considering there would not be a mark on the horse.
Reasons for Penalty:
In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. We considered the status of the race being Group 1, with a stake of $260,000, as being an aggravating factor, which commanded an uplift in penalty of $200. We were however, able to afford Mr May a discount of $100 for his frank admission of the breach and a further discount of $100 for his excellent record. We therefore determined that an appropriate penalty on this occasion was a fine of $500.
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: b57bf391688eb5559100d0ec85b8cf27
informantnumber: A 8050
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2016
hearing_title: NZ Metro TC 11 November 2016 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the “Woodlands” New Zealand Free-For- All, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr RT May, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Mr May had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr May also confirmed that he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr May driving MOSSDALE CONNER turning for home when 3 back on the pylons. Mr Ydgren said that shortly after entering the home straight, Mr May drew the whip and used it on 28 occasions over the concluding stages. Mr Ydgren stated that the number of strikes was of concern as was the continuous use of the whip with no obvious pauses to give the horse some respite.
In answer to a question from the Committee, Mr Ydgren stated that the strikes were not forceful and that it was just the sheer number and the continuous use of the whip over the final stages that was of concern.
Mr May stated that he had used the whip with rein in his hand and the strikes were not forceful. He said he just wanted to keep the horse’s momentum up as it was a close finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Mr May had a clear record regarding this rule which he would describe as very good, considering the number of drives that he does have. He stated that Mr May had 656 drives last season with 154 drives so far this season. He said the JCA Penalty Guide recommends a starting point of $500 or a 2-day suspension for a breach of this rule and submitted that after consideration for the status of the race being Group 1 with a stake of $260,000, Mr May’s good record and his admission of the breach, that a fine of $500 be considered as penalty in this case.
Mr May submitted that a $500 fine was a stiff fine considering there would not be a mark on the horse.
reasonsforpenalty:
In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. We considered the status of the race being Group 1, with a stake of $260,000, as being an aggravating factor, which commanded an uplift in penalty of $200. We were however, able to afford Mr May a discount of $100 for his frank admission of the breach and a further discount of $100 for his excellent record. We therefore determined that an appropriate penalty on this occasion was a fine of $500.
penalty:
Accordingly, Mr May was fined the sum of $500.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: RT May - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3eab97a2bcd6e85ab605af0f931f8b33
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef1b3fb90ec1eb98b54be11044546515
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2016
meet_title: NZ Metro TC - 11 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC