NZ Metro TC 5 April 2019 – R 8 – Chair, Mr R McKenzie
ID: JCA16287
Meet Title:
NZ Metro TC - 5 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/04/05
Race Number:
R8
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
Penalty:
Mr Anderson is fined the sum of $200.
Facts:
Following the running of Race 8, Mico Plumbing Hornby Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R G Anderson, alleging that Mr Anderson, as the driver of SUNNY GLENIS in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had further indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(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 Ydgren had Stipendiary Steward, Mr S W Wallis, pointed out SUNNY GLENIS, driven by Mr Anderson, on a video replay of the final 400 metres of the race, racing in about 7th position and on the markers. As the horse improved inside the 200 metres between IZMOK, which had raced 3-back, and TAKE AFTER ME, which had trailed the leader, GLOBE TREKKER, Mr Anderson used his whip 12 times in the final 100 metres, getting up to beat that latter runner on the line to win by a nose. The Committee was satisfied that the alleged count of 12 strikes was accurate.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Anderson had a clear record. Mr Ydgren referred to the “sliding scale” of penalties under the Regulation. The race was not a “major race” and the number of strikes was in the low range of 11-13. The number of strikes over such a short distance was of some concern Mr Ydgren said. Notwithstanding that and that Mr Anderson had won the race, Mr Ydgren submitted that a fine of $200, as per the Regulations, was an appropriate penalty.
Reasons for Penalty:
The Committee referred to the sliding scale under the Regulations as submitted by Mr Ydgren. Relevant factors were that the number of strikes was in the 11-13 range and the race was not a “major race”. Although Mr Anderson had won the race by the narrowest of margins, we did not take that into account as an aggravating factor and we did not see it as warranting, in this case, a departure from the penalty regime of the Regulations.
However, it was of concern that Mr Anderson had used his whip, in a reasonably forceful manner, on 12 occasions in the final 100 metres.
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: d53e9280b8357b21346e36e093e7971c
informantnumber: A12436
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2019
hearing_title: NZ Metro TC 5 April 2019 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Mico Plumbing Hornby Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R G Anderson, alleging that Mr Anderson, as the driver of SUNNY GLENIS in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had further indicated that he did not wish to be present at the hearing of the information.
Rule 869 provides 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(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 Ydgren had Stipendiary Steward, Mr S W Wallis, pointed out SUNNY GLENIS, driven by Mr Anderson, on a video replay of the final 400 metres of the race, racing in about 7th position and on the markers. As the horse improved inside the 200 metres between IZMOK, which had raced 3-back, and TAKE AFTER ME, which had trailed the leader, GLOBE TREKKER, Mr Anderson used his whip 12 times in the final 100 metres, getting up to beat that latter runner on the line to win by a nose. The Committee was satisfied that the alleged count of 12 strikes was accurate.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Anderson had a clear record. Mr Ydgren referred to the “sliding scale” of penalties under the Regulation. The race was not a “major race” and the number of strikes was in the low range of 11-13. The number of strikes over such a short distance was of some concern Mr Ydgren said. Notwithstanding that and that Mr Anderson had won the race, Mr Ydgren submitted that a fine of $200, as per the Regulations, was an appropriate penalty.
reasonsforpenalty:
The Committee referred to the sliding scale under the Regulations as submitted by Mr Ydgren. Relevant factors were that the number of strikes was in the 11-13 range and the race was not a “major race”. Although Mr Anderson had won the race by the narrowest of margins, we did not take that into account as an aggravating factor and we did not see it as warranting, in this case, a departure from the penalty regime of the Regulations.
However, it was of concern that Mr Anderson had used his whip, in a reasonably forceful manner, on 12 occasions in the final 100 metres.
penalty:
Mr Anderson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: R G Anderson, Licensed Open Horseman
Otherperson: S W Wallis, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a8278b9d913ebc1119e275faf4047f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d49e9102c2d8f117a2f40a90eebde01a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2019
meet_title: NZ Metro TC - 5 April 2019
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