NZ Metro TC 21 July 2017 – R 1 – Chair, Mr S Ching
ID: JCA15667
Meet Title:
NZ Metro TC - 21 July 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/07/21
Race Number:
R1
Decision:
As Mr Reardon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Reardon was fined the sum of $300.
Facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horseman Mr D Reardon, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m on HANDLEBAR HANK.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Reardon had endorsed the information that the breach was admitted. Mr Reardon had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Reardon driving HANDLEBAR HANK positioned in the trail as the field entered the final straight inside the 400m. Mr Renault showed Mr Reardon draw the whip and use it free of the rein on 11 occasions in a fore hand manner over the final stages. He stated that the force was mid-range. Mr Renault said that Mr Reardon had told him that most strikes were on the shaft which he accepted was still in breach of the Whip Guidelines. He also said that Mr Reardon did not dispute the number of strikes.
Submissions for Penalty:
Mr Renault stated that Mr Reardon had 3 drives last season and 14 drives to date this season. Mr Renault stated that Mr Reardon had a previous breach of this rule at Rangiora on 14 August 2016 where he received a $300 fine. This breach he said, was outside the reset period of 6 months set down in the Whip Guidelines. He said Mr Reardon had readily admitted the breach and that the number of strikes were low but the force was mid-range. Mr Reardon had submitted to the Stewards that he would prefer a suspension but opted for a fine as he was changing to a Graduation Licence from 1 August. Mr Renault said the JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a breach of this rule, and submitted that after taking all factors into consideration, a $300 fine be considered as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a mid-range breach of this rule. After consideration, we determined that a fine was an appropriate penalty. The Committee assessed this breach as low level and therefore adopted a $400 fine as a starting point. There were no aggravating factors to consider so therefore no uplift in penalty was deemed necessary. In mitigation, we were able to afford Mr Reardon a discount for his admission of the breach and his relatively good record. This we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.
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: c18b5df6b4c57d97d0242cadc9ef8f98
informantnumber: A09627
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 24/07/2017
hearing_title: NZ Metro TC 21 July 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horseman Mr D Reardon, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m on HANDLEBAR HANK.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Reardon had endorsed the information that the breach was admitted. Mr Reardon had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Reardon driving HANDLEBAR HANK positioned in the trail as the field entered the final straight inside the 400m. Mr Renault showed Mr Reardon draw the whip and use it free of the rein on 11 occasions in a fore hand manner over the final stages. He stated that the force was mid-range. Mr Renault said that Mr Reardon had told him that most strikes were on the shaft which he accepted was still in breach of the Whip Guidelines. He also said that Mr Reardon did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Reardon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Reardon had 3 drives last season and 14 drives to date this season. Mr Renault stated that Mr Reardon had a previous breach of this rule at Rangiora on 14 August 2016 where he received a $300 fine. This breach he said, was outside the reset period of 6 months set down in the Whip Guidelines. He said Mr Reardon had readily admitted the breach and that the number of strikes were low but the force was mid-range. Mr Reardon had submitted to the Stewards that he would prefer a suspension but opted for a fine as he was changing to a Graduation Licence from 1 August. Mr Renault said the JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a breach of this rule, and submitted that after taking all factors into consideration, a $300 fine be considered as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a $500 fine or a 10-drive suspension for a mid-range breach of this rule. After consideration, we determined that a fine was an appropriate penalty. The Committee assessed this breach as low level and therefore adopted a $400 fine as a starting point. There were no aggravating factors to consider so therefore no uplift in penalty was deemed necessary. In mitigation, we were able to afford Mr Reardon a discount for his admission of the breach and his relatively good record. This we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Reardon was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: D Reardon-Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ffe96de773131d4c999e2b897d9e6950
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 58d9c5ea3f7f634bdc1747e093b38676
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/07/2017
meet_title: NZ Metro TC - 21 July 2017
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