NZ Metro TC 20 July 2018 – R 1 – Chair, Mr S Ching
ID: JCA16204
Meet Title:
NZ Metro TC - 20 July 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/07/20
Race Number:
R1
Decision:
As Mr Woodward had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Woodward is fined the sum of $500.
Facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr T Woodward, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the 400m.
Rule 869(2) reads as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Use of the Whip Regulations provides:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Woodward had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Woodward driving JONTY JAMES positioned as the lead horse, as the field entered the final straight inside the 400m. Mr Ydgren showed Mr Woodward, after turning for home, activate his gear and then use his whip on 11 occasions with a brief respite followed by a further 14 strikes, a total of 25.
Mr Woodward did not dispute the number of strikes as submitted by Mr Ydgren. He said that all the strikes were on the shaft but conceded that they were counted under the Whip Regulations.
Submissions for Penalty:
Mr Ydgren stated that Mr Woodward had a previous breach of this rule which was outside the reset period of 6 months being a suspension and $100 fine on 26 November 2011. Mr Ydgren stated that for the purpose of penalty, Mr Woodward had a clear record. The penalties as set out in the Use of the Whip Regulations, he said, provides a starting point of a $500 fine for a first offence breach of 17 plus strikes.
Mr Woodward requested that a suspension be considered as penalty as he believed a fine of $500 was excessive. Mr Ydgren, in response, stated that all drivers were fully aware of the sliding scale of fines for a first offence and a suspension was the starting point of a 3-day suspension for a second breach within a 6-month period.
Reasons for Penalty:
The penalties set out in the Use of the Whip Regulations provides a starting point of a $500 fine, mitigation inclusive, on the Sliding Scale for a first offence of 17 or more strikes. The first offence Sliding Scale of fines are just that and we were not prepared to consider a suspension in this case as there were no extenuating circumstances to consider. This Committee therefore determined that a fine was an appropriate penalty in this case.
Mr Woodward’s number of strikes at 25 could be considered as an aggravating factor but we took into consideration his status as an Amateur Driver and the fact that, from our observation, many of the strikes were on the shaft of the sulky. We determined that a fine of $500 as per the Sliding Scale was an appropriate penalty in this case.
JCA Decision Fields (raw)
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hearingid: ca3114c4e30eb9f61ee89bb5e8867c80
informantnumber: A09971
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/07/2018
hearing_title: NZ Metro TC 20 July 2018 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N Ydgren against Advanced Amateur Horseman Mr T Woodward, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the 400m.
Rule 869(2) reads as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Use of the Whip Regulations provides:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Woodward had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Woodward driving JONTY JAMES positioned as the lead horse, as the field entered the final straight inside the 400m. Mr Ydgren showed Mr Woodward, after turning for home, activate his gear and then use his whip on 11 occasions with a brief respite followed by a further 14 strikes, a total of 25.
Mr Woodward did not dispute the number of strikes as submitted by Mr Ydgren. He said that all the strikes were on the shaft but conceded that they were counted under the Whip Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Woodward had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Mr Woodward had a previous breach of this rule which was outside the reset period of 6 months being a suspension and $100 fine on 26 November 2011. Mr Ydgren stated that for the purpose of penalty, Mr Woodward had a clear record. The penalties as set out in the Use of the Whip Regulations, he said, provides a starting point of a $500 fine for a first offence breach of 17 plus strikes.
Mr Woodward requested that a suspension be considered as penalty as he believed a fine of $500 was excessive. Mr Ydgren, in response, stated that all drivers were fully aware of the sliding scale of fines for a first offence and a suspension was the starting point of a 3-day suspension for a second breach within a 6-month period.
reasonsforpenalty:
The penalties set out in the Use of the Whip Regulations provides a starting point of a $500 fine, mitigation inclusive, on the Sliding Scale for a first offence of 17 or more strikes. The first offence Sliding Scale of fines are just that and we were not prepared to consider a suspension in this case as there were no extenuating circumstances to consider. This Committee therefore determined that a fine was an appropriate penalty in this case.
Mr Woodward’s number of strikes at 25 could be considered as an aggravating factor but we took into consideration his status as an Amateur Driver and the fact that, from our observation, many of the strikes were on the shaft of the sulky. We determined that a fine of $500 as per the Sliding Scale was an appropriate penalty in this case.
penalty:
Accordingly, Mr Woodward is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations (b)
Informant: N Ydgren-Chief Stipendiary Steward
JockeysandTrainer: T Woodward-Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b996a0fa0b5f25d03cc22bb22053d01d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7c160e655682945f3997a5d4a37257f5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/07/2018
meet_title: NZ Metro TC - 20 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC