Archive Decision

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Auckland TC 18 March 2011 – R 7

ID: JCA16539

Applicant:
Mr NM Ydgren - Stipendiary Steward

Respondent(s):
Mr S Argue - driver of VENGEANCE

Information Number:
68944

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Auckland TC - 18 March 2011

Meet Chair:
BRowe

Meet Committee Member 1:
JHolloway

Race Date:
2011/03/18

Race Number:
R 7

Decision:

As the breach was admitted the charge was found proved.

Penalty:

Balancing the above matters but with emphasis on the relative seriousness of the breach, a fine of $300 is imposed.

Charge:

Throughout the home straight on the final occasion Mr Argue used his whip in an unnecessary manner when racing out of contention.

Facts:

Mr Ydgren showed the video film of the run down the home straight. He said VENGEANCE was last into the straight, Mr Argue hit it with his whip on 16 occasions, the horse finished 2nd to last (in a field of 10) and at no stage in the run home did the horse have any chance of finishing in a stake bearing position – that is in the first five placings.

Mr Argue accepted what Mr Ydgren said regarding his use of the whip but said that he thought the conditions of the race were that the stake money payable to any runner depended on its finishing placing. He said the horse was having only its second start and he was trying to “teach her to find the line”.

Submissions for Penalty:

Mr Ydgren said the starting point for penalty was a fine of $250 or a one week suspension, the offending was above mid range, Mr Argue had no relevant breaches of the rules recorded against him and the Group One status of the race should be taken into account – Rule 1114 (2)(a). He submitted that a fine in the range $300 - $400 should be imposed.

Mr Argue accepted the submissions of Mr Ydgren.

Reasons for Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Ydgren and the acceptance of them by Mr Argue, the explanation by Mr Argue about stake money, the clear driving record of Mr Argue, the recommended starting point, the status of the race and our view that the offending is relatively serious.

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: c2ae2db0bc3f5363d117b8afe3024df0


informantnumber: 68944


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Auckland TC 18 March 2011 - R 7


charge:

Throughout the home straight on the final occasion Mr Argue used his whip in an unnecessary manner when racing out of contention.


facts:

Mr Ydgren showed the video film of the run down the home straight. He said VENGEANCE was last into the straight, Mr Argue hit it with his whip on 16 occasions, the horse finished 2nd to last (in a field of 10) and at no stage in the run home did the horse have any chance of finishing in a stake bearing position – that is in the first five placings.

Mr Argue accepted what Mr Ydgren said regarding his use of the whip but said that he thought the conditions of the race were that the stake money payable to any runner depended on its finishing placing. He said the horse was having only its second start and he was trying to “teach her to find the line”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said the starting point for penalty was a fine of $250 or a one week suspension, the offending was above mid range, Mr Argue had no relevant breaches of the rules recorded against him and the Group One status of the race should be taken into account – Rule 1114 (2)(a). He submitted that a fine in the range $300 - $400 should be imposed.

Mr Argue accepted the submissions of Mr Ydgren.


reasonsforpenalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Ydgren and the acceptance of them by Mr Argue, the explanation by Mr Argue about stake money, the clear driving record of Mr Argue, the recommended starting point, the status of the race and our view that the offending is relatively serious.


penalty:

Balancing the above matters but with emphasis on the relative seriousness of the breach, a fine of $300 is imposed.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr NM Ydgren - Stipendiary Steward


JockeysandTrainer: Mr S Argue - driver of VENGEANCE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: dcf6dfca90b876124ed1f8bf0f0b015e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ed4c44aa928a969f8f418c13ed9a752c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/03/2011


meet_title: Auckland TC - 18 March 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: JHolloway


meet_pm2: none


name: Auckland TC