NZ Metro TC 9 October 2015 – R 2 – Chair, Mr R McKenzie
ID: JCA15948
Meet Title:
NZ Metro TC - 9 October 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/10/09
Race Number:
R2
Decision:
Mr Smith having admitted the charge, the charge was found proved.
Penalty:
Mr Smith was fined the sum of $400.
Facts:
Following the running of Race 2, Cavell Leitch “Alabar” Super Series Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that, as the driver of PARIS PRINCESS in the race, he “used his whip excessively in the run home”.
Mr Smith had signed the Statement by the Respondent at the foot of the information form indicating that the breach was admitted. Mr Ydgren informed the Committee that Mr Smith did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed to the hearing a video replay of the final 300 metres of the race. He pointed out PARIS PRINCESS, driven by Mr Smith, racing in 2nd position as the field approached the home straight. At that point, Mr Smith commenced to drive the mare with the whip and the reins, with which the Stewards had “no real concerns”.
However, Mr Ydgren said, upon entering the straight, Mr Smith freed the reins from his hand and hit the horse once, before activating the removable deafeners. He then struck the horse another 16 times, without any pause, to the finishing line. Mr Ydgren submitted that the strikes were forceful and not just “gentle taps”. Mr Smith had mentioned to the Stewards that the horse was one that needed to be driven in an aggressive manner, Mr Ydgren said. Mr Smith had agreed that the perception of his use of the whip on this occasion was “terrible”.
Submissions for Penalty:
Mr Ydgren referred the Committee to Mr Smith’s admission of the breach, but submitted that he had little option after viewing the video replay. He described Mr Smith’s record as “very good”. Mr Ydgren also referred the Committee to the starting point for a breach of the Rule as provided in the Penalty Guide (a fine of $500). He submitted that a fine in the vicinity of $350 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine as suggested in the Penalty Guide. The Committee found the breach to be at the higher end of the scale having regard, in particular, to the force of the strikes which were free of the rein and on the horse, without any discernible pauses. Neither were there any alternative actions as per the Use of Whip Guidelines. The nature and force of the strikes, the Committee considered, warranted an uplift of $100 in the starting point.
Against that, Mr Smith was entitled to a discount for his admission of the breach and his good record. The Committee assessed that discount at $200.
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: a4aed6c6f6bdf809a2dc0c2265ded316
informantnumber: A6727
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/10/2015
hearing_title: NZ Metro TC 9 October 2015 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Cavell Leitch “Alabar” Super Series Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that, as the driver of PARIS PRINCESS in the race, he “used his whip excessively in the run home”.
Mr Smith had signed the Statement by the Respondent at the foot of the information form indicating that the breach was admitted. Mr Ydgren informed the Committee that Mr Smith did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed to the hearing a video replay of the final 300 metres of the race. He pointed out PARIS PRINCESS, driven by Mr Smith, racing in 2nd position as the field approached the home straight. At that point, Mr Smith commenced to drive the mare with the whip and the reins, with which the Stewards had “no real concerns”.
However, Mr Ydgren said, upon entering the straight, Mr Smith freed the reins from his hand and hit the horse once, before activating the removable deafeners. He then struck the horse another 16 times, without any pause, to the finishing line. Mr Ydgren submitted that the strikes were forceful and not just “gentle taps”. Mr Smith had mentioned to the Stewards that the horse was one that needed to be driven in an aggressive manner, Mr Ydgren said. Mr Smith had agreed that the perception of his use of the whip on this occasion was “terrible”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred the Committee to Mr Smith’s admission of the breach, but submitted that he had little option after viewing the video replay. He described Mr Smith’s record as “very good”. Mr Ydgren also referred the Committee to the starting point for a breach of the Rule as provided in the Penalty Guide (a fine of $500). He submitted that a fine in the vicinity of $350 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine as suggested in the Penalty Guide. The Committee found the breach to be at the higher end of the scale having regard, in particular, to the force of the strikes which were free of the rein and on the horse, without any discernible pauses. Neither were there any alternative actions as per the Use of Whip Guidelines. The nature and force of the strikes, the Committee considered, warranted an uplift of $100 in the starting point.
Against that, Mr Smith was entitled to a discount for his admission of the breach and his good record. The Committee assessed that discount at $200.
penalty:
Mr Smith was fined the sum of $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr G D Smith - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bd69124af8ee2e5a8b5b13e5e36f1b6f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9ef1305b7b320b98b7ddc78a750829b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/10/2015
meet_title: NZ Metro TC - 9 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC