Rangiora HRC 9 April 2017 – R 5 – Chair, Mr R McKenzie
ID: JCA16059
Meet Title:
Rangiora HRC - 9 April 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/04/09
Race Number:
R5
Decision:
Mr Burrows having admitted the breach, the charge was found proved.
Penalty:
Mr Burrows was fined the sum of $300.
Facts:
Following the running of Race 5, Oxford Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr D G Burrows, alleging that Mr Burrows, as the driver of LIGHTWORKOFIT in the race, “used his whip in an excessive manner over the final 400 metres”.
Mr Burrows had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Ydgren confirmed that Mr Burrows 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Burrows, driving LIGHTWORKOF IT, in the lead as the field entered the final straight. In the early stages of the run home, Mr Burrows flicked the horse with the whip a couple of times with the rein in his hand. Shortly thereafter, he switched to “freehand” and used the whip 14-15 times, Mr Ydgren said, clearly outside the guidelines. Mr Ydgren said that Mr Burrows had accepted that count.
Submissions for Penalty:
Mr Burrows is not a driver that appears frequently before the Stewards, Mr Ydgren said. He has had 10 drives this season and 17 last season, and he does have a clear record. Mr Ydgren submitted that a fine of $300 was appropriate having regard to Mr Burrows’ clear record and his admission of the breach.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine. There were no aggravating factors requiring an uplift in that starting point. However, there were two mitigating factors entitling Mr Burrows to a discount from the starting point – namely, his good record and his admission of the breach. The Committee fixed the appropriate 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: b5a6fc0bd1b3ff7eeec872333a7161a5
informantnumber: A8962
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/04/2017
hearing_title: Rangiora HRC 9 April 2017 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Oxford Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mr D G Burrows, alleging that Mr Burrows, as the driver of LIGHTWORKOFIT in the race, “used his whip in an excessive manner over the final 400 metres”.
Mr Burrows had signed the Statement by the Respondent on the information form indicating that the breach was admitted. Mr Ydgren confirmed that Mr Burrows 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.
The Use of Whip Guidelines (effective from 1 December 2016) provide
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Burrows, driving LIGHTWORKOF IT, in the lead as the field entered the final straight. In the early stages of the run home, Mr Burrows flicked the horse with the whip a couple of times with the rein in his hand. Shortly thereafter, he switched to “freehand” and used the whip 14-15 times, Mr Ydgren said, clearly outside the guidelines. Mr Ydgren said that Mr Burrows had accepted that count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Burrows having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Burrows is not a driver that appears frequently before the Stewards, Mr Ydgren said. He has had 10 drives this season and 17 last season, and he does have a clear record. Mr Ydgren submitted that a fine of $300 was appropriate having regard to Mr Burrows’ clear record and his admission of the breach.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point of a $500 fine. There were no aggravating factors requiring an uplift in that starting point. However, there were two mitigating factors entitling Mr Burrows to a discount from the starting point – namely, his good record and his admission of the breach. The Committee fixed the appropriate discount at $200.
penalty:
Mr Burrows was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: D G Burrows, Licensed Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9bf2add88da697e338d1e1e0a328cc15
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e2eda8469e3ed94cc3470a312aea546b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/04/2017
meet_title: Rangiora HRC - 9 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Rangiora HRC