Taranaki TC 5 January 2017 – R 1 – Chair, Mr T Bird
ID: JCA16544
Meet Title:
Taranaki TC - 5 January 2017
Meet Chair:
TBird
Meet Committee Member 1:
TUtikere
Race Date:
2017/01/05
Race Number:
R 1
Decision:
Mr Cruickshank having admitted the breach, the charge was found proved.
Penalty:
Mr Cruickshank is fined $400.
Facts:
Follow the running of race, the Keith Chittenden Racing Stables Mobile Trot, an information was filed by Stipendiary Steward, Mr B Jones against Open Horseman, Mr S Cruickshank, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages of the race.
The use of whip guidelines (effective from December 1st 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of the race, otherwise this will be deemed excessive use pursuant to the guidelines.
Rule 869(2)(a) reads as follows:
(2) no horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
Mr Cruickshank was present at the hearing of the information and indicated that he admitted the breach.
Mr Jones showed a video replay of the final 400 metres of the race. He pointed out Mr Cruickshank, driving MORTICIAN, improving from a trailing position and into the passing lane.
Mr Jones identified a total of 11 strikes of the whip by Mr Cruickshank. Mr Jones drew the committee’s attention to the whip guidelines introduced by Harness Racing New Zealand from December 1, 2016. He said under the new guidelines Mr Cruickshank whip use was therefore deemed excessive.
MORTICIAN finished second, ½ a neck behind the race winning HARRY H.
Submissions for Penalty:
Mr Jones referred to the JCA Penalty Guide starting point of a $500 final or a 2-days suspension, adding mitigating factors in the charge was Mr Cruickshank’s admitting the breach and his good record in relation to the rule, with no breaches in the previous 12 months.
Mr Cruickshank said on average he has two drives at every second North Island harness totalisator meeting. He expressed a preference for a fine rather than a suspension.
Reasons for Penalty:
The committee that we considered all the submissions placed before us.
We recognise the industry’s concern about public perception and the efforts to moderate use of the whip so such breaches are aggravating factors.
The committee adopted a starting point of a $500 fine. Mr Cruickshank’s preference for a fine. His good record and admission of the breach are mitigating factors and for these the committee gives Mr Cruikshank a discount of $50 each.
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: c3a34ca00d22b92af0d9a7ed2c1fa3cb
informantnumber: A6517
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/01/2017
hearing_title: Taranaki TC 5 January 2017 - R 1 - Chair, Mr T Bird
charge:
facts:
Follow the running of race, the Keith Chittenden Racing Stables Mobile Trot, an information was filed by Stipendiary Steward, Mr B Jones against Open Horseman, Mr S Cruickshank, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages of the race.
The use of whip guidelines (effective from December 1st 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of the race, otherwise this will be deemed excessive use pursuant to the guidelines.
Rule 869(2)(a) reads as follows:
(2) no horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
Mr Cruickshank was present at the hearing of the information and indicated that he admitted the breach.
Mr Jones showed a video replay of the final 400 metres of the race. He pointed out Mr Cruickshank, driving MORTICIAN, improving from a trailing position and into the passing lane.
Mr Jones identified a total of 11 strikes of the whip by Mr Cruickshank. Mr Jones drew the committee’s attention to the whip guidelines introduced by Harness Racing New Zealand from December 1, 2016. He said under the new guidelines Mr Cruickshank whip use was therefore deemed excessive.
MORTICIAN finished second, ½ a neck behind the race winning HARRY H.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cruickshank having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Jones referred to the JCA Penalty Guide starting point of a $500 final or a 2-days suspension, adding mitigating factors in the charge was Mr Cruickshank’s admitting the breach and his good record in relation to the rule, with no breaches in the previous 12 months.
Mr Cruickshank said on average he has two drives at every second North Island harness totalisator meeting. He expressed a preference for a fine rather than a suspension.
reasonsforpenalty:
The committee that we considered all the submissions placed before us.
We recognise the industry’s concern about public perception and the efforts to moderate use of the whip so such breaches are aggravating factors.
The committee adopted a starting point of a $500 fine. Mr Cruickshank’s preference for a fine. His good record and admission of the breach are mitigating factors and for these the committee gives Mr Cruikshank a discount of $50 each.
penalty:
Mr Cruickshank is fined $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr S Cruickshank - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a9d4ed5ec7e72cbd1ca22d9674dce454
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1a69052cabc59e418ba980ff251769fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2017
meet_title: Taranaki TC - 5 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: TBird
meet_pm1: TUtikere
meet_pm2: none
name: Taranaki TC