Rangiora HRC 1 April 2012 – R 3
ID: JCA15742
Meet Title:
Rangiora HRC - 1 April 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/04/01
Race Number:
R3
Decision:
Mr Nairn having admitted the breach, the charge was found proved.
Penalty:
Mr Nairn was fined the sum of $250.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 3, “Glenferrie Farm” Four & Five Year Old Trotting Mares Series Prelude, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr P C Nairn, alleging a breach of Rule 869 (2) (a) in that, as the driver of BROOKSIDE FILLY in the race, he “used his whip in an excessive manner”.
Mr Nairn 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.
Submissions for Decision:
Mr Wallis showed a video replay of the race as the 6-horse field neared the home turn. He pointed out Mr Nairn, driving BROOKSIDE FILLY, racing 3-back on the markers at that point. Mr Wallis then showed a head-on replay of the run down the home straight from which, he alleged, it could be seen that Mr Nairn had used his whip approximately 27 times. The use of the whip was more in the nature of “quick flicks” rather than strikes, Mr Wallis said. He accepted that the horse would not have been hurt but the number was too high.
Mr Nairn said that he accepted the way that the Stewards were applying the Rule and Guidelines and that he had breached the Rule on this occasion.
Submissions for Penalty:
Mr Wallis said that on 25 March 2012 Mr Nairn was fined $200 for excessive use of the whip on MUSGROVE at New Zealand Metropolitan TC on 15 March. Mr Wallis repeated that the Stewards did not have an issue with the force of the strikes, just that the number was too high. Mr Wallis submitted that a fine of $200, or a suspension up to and including 20 April 2012 (3 driving days), was an appropriate penalty in this case.
Mr Nairn said that he would prefer a fine to a suspension.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Nairn’s admission of the breach. The recent breach of the Rule was an aggravating factor. Mr Nairn was fined $250 on that occasion.
Whilst the number of strikes was high on this occasion, the degree of force was low and the Committee attached significant weight to that factor. Mr Wallis described the strikes as “quick flicks” and that fairly described most of them. This placed the degree of seriousness at the lower end of a scale of seriousness and, certainly, not warranting a suspension. Notwithstanding Mr Nairn’s recent breach of the Rule, taking all matters into account, a fine of $250 was an adequate penalty for the particular breach.
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: ca6be252697ad704853f8736dacacd55
informantnumber: A5613
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2012
hearing_title: Rangiora HRC 1 April 2012 - R 3
charge:
Excessive use of the whip.
facts:
Following the running of Race 3, “Glenferrie Farm” Four & Five Year Old Trotting Mares Series Prelude, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr P C Nairn, alleging a breach of Rule 869 (2) (a) in that, as the driver of BROOKSIDE FILLY in the race, he “used his whip in an excessive manner”.
Mr Nairn 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed a video replay of the race as the 6-horse field neared the home turn. He pointed out Mr Nairn, driving BROOKSIDE FILLY, racing 3-back on the markers at that point. Mr Wallis then showed a head-on replay of the run down the home straight from which, he alleged, it could be seen that Mr Nairn had used his whip approximately 27 times. The use of the whip was more in the nature of “quick flicks” rather than strikes, Mr Wallis said. He accepted that the horse would not have been hurt but the number was too high.
Mr Nairn said that he accepted the way that the Stewards were applying the Rule and Guidelines and that he had breached the Rule on this occasion.
reasonsfordecision:
Decision:
Mr Nairn having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis said that on 25 March 2012 Mr Nairn was fined $200 for excessive use of the whip on MUSGROVE at New Zealand Metropolitan TC on 15 March. Mr Wallis repeated that the Stewards did not have an issue with the force of the strikes, just that the number was too high. Mr Wallis submitted that a fine of $200, or a suspension up to and including 20 April 2012 (3 driving days), was an appropriate penalty in this case.
Mr Nairn said that he would prefer a fine to a suspension.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Nairn’s admission of the breach. The recent breach of the Rule was an aggravating factor. Mr Nairn was fined $250 on that occasion.
Whilst the number of strikes was high on this occasion, the degree of force was low and the Committee attached significant weight to that factor. Mr Wallis described the strikes as “quick flicks” and that fairly described most of them. This placed the degree of seriousness at the lower end of a scale of seriousness and, certainly, not warranting a suspension. Notwithstanding Mr Nairn’s recent breach of the Rule, taking all matters into account, a fine of $250 was an adequate penalty for the particular breach.
penalty:
Mr Nairn was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: P C Nairn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 84a4be6883d771ae3e1aad53dd341cd5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e79b209041f6664fb08a2922dcbb2eb0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/04/2012
meet_title: Rangiora HRC - 1 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC