NZ METRO TC 11 NOVEMBER 2011 – R 2
ID: JCA17001
Meet Title:
NZ Metro TC - 11 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/11/11
Race Number:
R2
Decision:
As Mr James admitted the charge, the charge was found proved.
Penalty:
Mr James was fined the sum of $250.
Charge:
Excessive use of the whip
Facts:
Following the running of Race 2, Lone Star Riccarton Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr K M James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner throughout the run home.”
Mr James had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren, who was appearing for Mr McIntyre, informed the Committee that Mr James did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mr James, driving EARL HARBOUR, racing in the trail behind the leader. He said that it was the Steward's allegation that Mr James used his whip on no less than 34 occasions in the run home. Mr Ydgren conceded that many of those strikes were on the sulky shaft and not on the horse but his “continuous and extravagant whip action” would have been noticeable to any person watching the race. At no stage in the run home did Mr James pause to give the horse any respite, but he had used his whip in a continuous manner from about the 250 metres.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr James has a clear record as far as breaches of the Rule are concerned. Because of the number of strikes with the whip, Mr Ydgren submitted that a fine of $250 was appropriate. This breach was at the higher end of the scale, Mr Ydgren submitted.
Reasons for Penalty:
In arriving at penalty, the Committee took into account Mr James’ admission of the breach and his previous good record. Against those mitigating factors was the number of strikes, approximately 34, which placed the breach at the upper end on a scale of seriousness. The Committee noted that the Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine, and it is aware that the usual fine for an admitted breach, where the respondent has a clear record, is a fine of $200. Because of the aggravating factor of the number of strikes, a larger fine is required in the present case.
JCA Decision Fields (raw)
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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: bf8e0339f3445599af820250f39bab23
informantnumber: A1024
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/11/2011
hearing_title: NZ METRO TC 11 NOVEMBER 2011 - R 2
charge:
Excessive use of the whip
facts:
Following the running of Race 2, Lone Star Riccarton Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr K M James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner throughout the run home.”
Mr James had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren, who was appearing for Mr McIntyre, informed the Committee that Mr James did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mr James, driving EARL HARBOUR, racing in the trail behind the leader. He said that it was the Steward's allegation that Mr James used his whip on no less than 34 occasions in the run home. Mr Ydgren conceded that many of those strikes were on the sulky shaft and not on the horse but his “continuous and extravagant whip action” would have been noticeable to any person watching the race. At no stage in the run home did Mr James pause to give the horse any respite, but he had used his whip in a continuous manner from about the 250 metres.
reasonsfordecision:
Decision:
As Mr James admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr James has a clear record as far as breaches of the Rule are concerned. Because of the number of strikes with the whip, Mr Ydgren submitted that a fine of $250 was appropriate. This breach was at the higher end of the scale, Mr Ydgren submitted.
reasonsforpenalty:
In arriving at penalty, the Committee took into account Mr James’ admission of the breach and his previous good record. Against those mitigating factors was the number of strikes, approximately 34, which placed the breach at the upper end on a scale of seriousness. The Committee noted that the Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine, and it is aware that the usual fine for an admitted breach, where the respondent has a clear record, is a fine of $200. Because of the aggravating factor of the number of strikes, a larger fine is required in the present case.
penalty:
Mr James was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr K M James - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: da9e6fdfac6acfc3295c5d0ef49298c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 64aa3911fa0b68afb487951af00ee8bd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2011
meet_title: NZ Metro TC - 11 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC