Archive Decision

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Auckland TC 8 March 2019 – R 5 – Chair, Mr G Jones

ID: JCA16007

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr S Reid - Open Horseman

Information Number:
A10727

Hearing Type:
Hearing

New Charge:
Contravention of the use of the whip regulations

Rules:
Rule 869(2)(a)and Use of Whip Regulations

Plea:
admitted

Meet Title:
Auckland TC - 8 March 2019

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2019/03/08

Race Number:
R7

Decision:

The charge is admitted and therefore proved.

Penalty:

The Committee imposes a fine of $350 on Mr Reid. 

Facts:

Following the running of Race 5, the Auckland Co-op Taxis City of Auckland Mobile Pace 2200, an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging Licensed Open Horseman, Mr S Reid, breached Rule 869(2)(a) in that he used his whip during the concluding 400 metres, outside the whip regulations when driving STAR GALLERIA.

Rule 869(2)(a) provides that:

(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.

The Use of the Whip Guidelines (as of 30 November 2017) provides that:

-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Reid admitted the breach and advised that he did not wish to be present at the hearing. He endorsed the information accordingly.

Chief Stipendiary Steward Mr Ydgren used available video footage to demonstrate the breach. He showed that over the concluding stages of the race STAR GALLERIA (Mr S Reid) led the field into the home straight. He said that from the straight entrance to the winning post Mr Reid used his whip 11 times.

Submissions for Penalty:

Mr Ydgren produced Mr Reid’s driving record which showed no previous breaches of this rule in the past 6 months. He stated that this must be tempered by the fact that Mr Reid has only had 14 drives during the past 12 months. He submitted that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. He added that this breach occurred in a Major Race carrying a stake of $50,000 and on that basis there should be an uplift in penalty. He proposed a fine in the vicinity of $350 to $400.

Given that Mr Reid elected not to attend the hearing no submissions were lodged on his behalf in terms of the breach itself or any proposed penalty.

Reasons for Penalty:

The JCA Penalty Guidelines for a 1st breach of the Whip Regulations establish starting points, on a graduated scale. These are based on the number of strikes as follows:

11 - 13 strikes $200
14 - 16 strikes $300
17 - strikes and over $500

The Committee has reviewed the video footage of the final stages of the race. It is evidently clear that Mr Reid used his whip 11 times. The Committee noted that the strikes were not particularly forceful. The aggravating factor is that this breach occurred in a Major Race and STAR GALLERIA finished in 3rd place. We concur with the Stewards' submission that there should be a penalty uplift in recognition of the status of the race. 

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: ae70cdd62f27f753d03e37ae65bed6ab


informantnumber: A10727


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the use of the whip regulations


plea: admitted


penaltyrequired: 1


decisiondate: 08/03/2019


hearing_title: Auckland TC 8 March 2019 – R 5 - Chair, Mr G Jones


charge:


facts:

Following the running of Race 5, the Auckland Co-op Taxis City of Auckland Mobile Pace 2200, an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging Licensed Open Horseman, Mr S Reid, breached Rule 869(2)(a) in that he used his whip during the concluding 400 metres, outside the whip regulations when driving STAR GALLERIA.

Rule 869(2)(a) provides that:

(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.

The Use of the Whip Guidelines (as of 30 November 2017) provides that:

-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Reid admitted the breach and advised that he did not wish to be present at the hearing. He endorsed the information accordingly.

Chief Stipendiary Steward Mr Ydgren used available video footage to demonstrate the breach. He showed that over the concluding stages of the race STAR GALLERIA (Mr S Reid) led the field into the home straight. He said that from the straight entrance to the winning post Mr Reid used his whip 11 times.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted and therefore proved.


sumissionsforpenalty:

Mr Ydgren produced Mr Reid’s driving record which showed no previous breaches of this rule in the past 6 months. He stated that this must be tempered by the fact that Mr Reid has only had 14 drives during the past 12 months. He submitted that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. He added that this breach occurred in a Major Race carrying a stake of $50,000 and on that basis there should be an uplift in penalty. He proposed a fine in the vicinity of $350 to $400.

Given that Mr Reid elected not to attend the hearing no submissions were lodged on his behalf in terms of the breach itself or any proposed penalty.


reasonsforpenalty:

The JCA Penalty Guidelines for a 1st breach of the Whip Regulations establish starting points, on a graduated scale. These are based on the number of strikes as follows:

11 - 13 strikes $200
14 - 16 strikes $300
17 - strikes and over $500

The Committee has reviewed the video footage of the final stages of the race. It is evidently clear that Mr Reid used his whip 11 times. The Committee noted that the strikes were not particularly forceful. The aggravating factor is that this breach occurred in a Major Race and STAR GALLERIA finished in 3rd place. We concur with the Stewards' submission that there should be a penalty uplift in recognition of the status of the race. 


penalty:

The Committee imposes a fine of $350 on Mr Reid. 


hearing_type: Hearing


Rules: Rule 869(2)(a)and Use of Whip Regulations


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr S Reid - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 720cf24c7c8db7e1b163477d820eaeec


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 451eb54edac5d5545acb4137804e3a0f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/03/2019


meet_title: Auckland TC - 8 March 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Auckland TC