NZ Metro TC 14 December 2018 – R 3 – Chair, Mr D Anderson
ID: JCA16530
Meet Title:
NZ Metro TC - 14 December 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/12/14
Race Number:
R 3
Decision:
As Mr Newman admitted the breach the charge was found proved.
Penalty:
Mr Newman is fined $200.
Facts:
Following the running of Race 3 the “Graphite Developments Show Day Futurity Consolation Mobile Pace” an Information was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(2) by Junior Driver Mr K Newman. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Newman signed the information stating he admitted the breach and confirmed to the Committee that he had a clear understanding of the rule.
Mr Newman was assisted at the hearing by Open Driver Mr M Williamson.
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 Regulation made by the Board.
The Use of Whip Regulation (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 Wallis used the race video, with the assistance of Mr McIntyre, to identify Mr Newman driving (1) KOROMIKO EYRE, racing in the trail behind the leader entering the home straight. Mr Newman angled into the passing lane, activated the ear plugs and used his whip 11 times in the run to the finishing post.
Mr Newman and Mr Williamson agreed with the count of 11 strikes as did the Committee.
Mr Williamson submitted that Mr Newman was new to driving and in the excitement of the close finish, misjudged his whip use.
Submissions for Penalty:
Mr Wallis said Mr Newman has had just 10 drives in this his first season as a Junior Driver. He said this is the first time Mr Newman has appeared before the Stewards and they would be seeking a $200 fine as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a sliding scale for a first offence of a $200 fine for 11 to 13 strikes mitigation inclusive.
The Committee found no significant factors to depart from the Guide.
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: c0410aae2e639b3c57be03c8097539ed
informantnumber: A10816
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2018
hearing_title: NZ Metro TC 14 December 2018 - R 3 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 3 the “Graphite Developments Show Day Futurity Consolation Mobile Pace” an Information was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(2) by Junior Driver Mr K Newman. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.
Mr Newman signed the information stating he admitted the breach and confirmed to the Committee that he had a clear understanding of the rule.
Mr Newman was assisted at the hearing by Open Driver Mr M Williamson.
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 Regulation made by the Board.
The Use of Whip Regulation (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 Wallis used the race video, with the assistance of Mr McIntyre, to identify Mr Newman driving (1) KOROMIKO EYRE, racing in the trail behind the leader entering the home straight. Mr Newman angled into the passing lane, activated the ear plugs and used his whip 11 times in the run to the finishing post.
Mr Newman and Mr Williamson agreed with the count of 11 strikes as did the Committee.
Mr Williamson submitted that Mr Newman was new to driving and in the excitement of the close finish, misjudged his whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Newman admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis said Mr Newman has had just 10 drives in this his first season as a Junior Driver. He said this is the first time Mr Newman has appeared before the Stewards and they would be seeking a $200 fine as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a sliding scale for a first offence of a $200 fine for 11 to 13 strikes mitigation inclusive.
The Committee found no significant factors to depart from the Guide.
penalty:
Mr Newman is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr K Newman - Junior Driver
Otherperson: Mr N McIntyre - General Manager of Stewards, Mr M Williamson - Open Driver assisting Mr Newman
PersonPresent:
Respondent:
StipendSteward:
raceid: f90668191db4283d1e307fe18988001e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef5f6301bd3f7e0c317499db30e5f499
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2018
meet_title: NZ Metro TC - 14 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC