NZ Metro TC 1 November 2013 – R 8
ID: JCA15731
Meet Title:
NZ Metro TC - 1 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/01
Race Number:
R8
Decision:
As Mr McMillan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr McMillan was fined the sum of $150.
Facts:
Following the running of Race 5, the Phil Burrows Buys From Chevron Direct Mobile Pace , an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman Mr T McMillan alleging a breach of Rule 869(2)(c) in that he used his whip outside the confines of the sulky.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(c) in that you used your whip outside the confines of the sulky when striking the wheel disc in the run home.”
Rule 869(2)(c) reads as follows:
“(2) No horseman shall during any race:-
(c) Project his whip outside the sulky or draw his whip further back than the sulky seat”.
Submissions for Decision:
Mr McMillan had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mr McMillan driving CRIMSON GLORY was in the 3 wide line on the home turn and in contention. He showed Mr McMillan driving his horse out with the reins and just past the 150m, struck the sulky wheel disc with his whip. Mr Renault stated that the Stewards were only concerned with the one strike to the wheel disc by Mr McMillan. Mr Renault also stated that in instances in the past the disc had shattered when struck by the whip with the Stewards not tolerating any use of the whip against the sulky wheel disc.
Mr McMillan stated that it was his mistake but that is was reasonably minor in that it was only one strike on the wheel disc.
Submissions for Penalty:
In relation to penalty Mr Renault submitted that Mr McMillan has had 2022 career drives, with1 drive so far this season and 113 drives last season. He also stated that Mr McMillan had admitted the breach at the first opportunity, had a clear record in regard to this Rule over the previous 12 months and that the breach was at the lower end. Mr Renault submitted that a minimal fine be imposed and asked the Committee to consider a fine of $150 in this case.
Mr McMillan gave no submissions to the Committee on penalty.
Reasons for Penalty:
In determining penalty we took into account that Mr McMillan had admitted the breach, had a clear penalty record under this rule and that the breach was at the lower end with only one strike to the wheel disc. We looked at penalties imposed for past similar breaches of this Rule as well as the JCA Penalty Guide which indicates a starting point of a fine of $200 or 4 drives for a breach of this rule. After taking all factors into consideration we decided that an appropriate penalty in this case was a fine of $150.
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: c892c07d016f85016e8e5d007d40817a
informantnumber: A1997
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(c)- use of the whip outside of the confines of the sulky
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: NZ Metro TC 1 November 2013 - R 8
charge:
facts:
Following the running of Race 5, the Phil Burrows Buys From Chevron Direct Mobile Pace , an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman Mr T McMillan alleging a breach of Rule 869(2)(c) in that he used his whip outside the confines of the sulky.
The charge reads as follows:
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(2)(c) in that you used your whip outside the confines of the sulky when striking the wheel disc in the run home.”
Rule 869(2)(c) reads as follows:
“(2) No horseman shall during any race:-
(c) Project his whip outside the sulky or draw his whip further back than the sulky seat”.
appealdecision:
isappeal:
submissionsfordecision:
Mr McMillan had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mr McMillan driving CRIMSON GLORY was in the 3 wide line on the home turn and in contention. He showed Mr McMillan driving his horse out with the reins and just past the 150m, struck the sulky wheel disc with his whip. Mr Renault stated that the Stewards were only concerned with the one strike to the wheel disc by Mr McMillan. Mr Renault also stated that in instances in the past the disc had shattered when struck by the whip with the Stewards not tolerating any use of the whip against the sulky wheel disc.
Mr McMillan stated that it was his mistake but that is was reasonably minor in that it was only one strike on the wheel disc.
reasonsfordecision:
Decision:
As Mr McMillan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault submitted that Mr McMillan has had 2022 career drives, with1 drive so far this season and 113 drives last season. He also stated that Mr McMillan had admitted the breach at the first opportunity, had a clear record in regard to this Rule over the previous 12 months and that the breach was at the lower end. Mr Renault submitted that a minimal fine be imposed and asked the Committee to consider a fine of $150 in this case.
Mr McMillan gave no submissions to the Committee on penalty.
reasonsforpenalty:
In determining penalty we took into account that Mr McMillan had admitted the breach, had a clear penalty record under this rule and that the breach was at the lower end with only one strike to the wheel disc. We looked at penalties imposed for past similar breaches of this Rule as well as the JCA Penalty Guide which indicates a starting point of a fine of $200 or 4 drives for a breach of this rule. After taking all factors into consideration we decided that an appropriate penalty in this case was a fine of $150.
penalty:
Mr McMillan was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr T McMillan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c02fc489a54b58de99c127b398599fa0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ebac22633acc164d733e44bb095efe38
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2013
meet_title: NZ Metro TC - 1 November 2013
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