Archive Decision

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NZ Metro TC 23 February 2017 – R 8 – Chair, Mr D Jackson

ID: JCA15856

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr R Close - Licensed Horseman

Information Number:
A8953

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 23 February 2017

Meet Chair:
DJackson

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/02/23

Race Number:
R 8

Decision:

In light of Mr Close’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.

Penalty:

Mr Close is fined $300 for his clear excessive use of the whip on this occasion.

Facts:

Following the running of Race 8, the Bling It On Son Of American Ideal Handicap Pace, an information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr R Close, alleging a breach of Rule 869(2)(a), in that Mr Close used his whip in an excessive manner when driving 'Righteous Brother'.

Rule 869(2)(a) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.

Mr Close admitted the charge in writing and did not attend the hearing being satisfied as to the charge itself and the fine proposed by Mr N Ydgren.

Through video evidence Mr Ydgren showed Mr Close driving 'Righteous Brother' entering the straight along the rail and then into the passing lane, where he commenced the first of 12 left handed clear strikes to his drive during the run home up the straight.

Submissions for Penalty:

Mr Ydgren pointed to Mr Close’s clean record under the rules and in particular this rule. Mr Ydgren submitted that the appropriate starting point having regard to the guidelines is a fine of $500 which ought to be discounted in light of Mr Close’s admission and also his clear record.

Reasons for Penalty:

After hearing the submissions of Mr Ydgren and taking into account Mr Close’s admission and his good record it is determined that he be fined as proposed. Taking a starting point of $500 as per the guidelines, there will be a discount of $200 for his admission and for his clean record.

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: dd46b499f75a8f866210241ea42c5a64


informantnumber: A8953


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/02/2017


hearing_title: NZ Metro TC 23 February 2017 - R 8 - Chair, Mr D Jackson


charge:


facts:

Following the running of Race 8, the Bling It On Son Of American Ideal Handicap Pace, an information was laid by Chief Stipendiary Steward, Mr N Ydgren against Mr R Close, alleging a breach of Rule 869(2)(a), in that Mr Close used his whip in an excessive manner when driving 'Righteous Brother'.

Rule 869(2)(a) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.

Mr Close admitted the charge in writing and did not attend the hearing being satisfied as to the charge itself and the fine proposed by Mr N Ydgren.

Through video evidence Mr Ydgren showed Mr Close driving 'Righteous Brother' entering the straight along the rail and then into the passing lane, where he commenced the first of 12 left handed clear strikes to his drive during the run home up the straight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

In light of Mr Close’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.


sumissionsforpenalty:

Mr Ydgren pointed to Mr Close’s clean record under the rules and in particular this rule. Mr Ydgren submitted that the appropriate starting point having regard to the guidelines is a fine of $500 which ought to be discounted in light of Mr Close’s admission and also his clear record.


reasonsforpenalty:

After hearing the submissions of Mr Ydgren and taking into account Mr Close’s admission and his good record it is determined that he be fined as proposed. Taking a starting point of $500 as per the guidelines, there will be a discount of $200 for his admission and for his clean record.


penalty:

Mr Close is fined $300 for his clear excessive use of the whip on this occasion.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr R Close - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4667aca0dd7f3a608e59a673b3c3aa4d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c34b8850e6053519505e0a49e8bddbd8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/02/2017


meet_title: NZ Metro TC - 23 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DJackson


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC