Kaikoura TC 2 November 2015 – R 8 – Chair, Mr R McKenzie
ID: JCA17165
Meet Title:
Kaikoura TC - 2 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/02
Race Number:
R8
Decision:
Ms Manning having admitted the charge, the charge was found proved.
Penalty:
Ms Manning was fined the sum of $500.
Facts:
Following the running of Race 8, Alabar Kaikoura Cup (Group 2), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver (Australia), Ms K E Manning, alleging a breach of Rule 869 (2) (a) in that, as the driver of ARDEN ROONEY in the race, she “used her whip excessively in the home straight”.
Ms Manning was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed a video replay of the final 200-300 metres of the race. He pointed out ARDEN ROONEY, driven by Ms Manning, racing outside the leader as the field entered the home straight. He said that the Stewards were alleging that Ms Manning had used her whip in excess of 20 times from that point. Not only was the number of strikes of concern, Mr Ydgren said, but also the continuous manner in which she had used her whip with few pauses, especially over the final 100 metres.
Ms Manning said that she did not dispute that the number of strikes had exceeded 20. Ms Manning accepted that the strikes were on the horse.
Submissions for Penalty:
Mr Ydgren said that Ms Manning had a good record but pointed out that she does not often drive in New Zealand. He referred to the starting point of a $500 fine as provided in the Penalty Guide. He submitted that the Committee should have regard to Ms Manning’s good record and her admission of the breach. However, he pointed out, the race was a Group 2 race for a stake of $50,000 and the Committee should regard this as an aggravating factor. He submitted that a fine in the vicinity of $500 was appropriate.
Ms Manning admitted that she had struck the horse continuously over the final 100 metres. She pointed out that the finish was a close one (ARDEN ROONEY won by a head). The horse had kept responding, she said.
Reasons for Penalty:
In looking at penalty, the Committee took, as a starting point, the suggested starting point in the Penalty Guide of a $500 fine. Aggravating factors were the status of the race (Group 2) and the stake payable ($50,000), the quite high number of strikes and the fact they were continuous and on the horse. Those factors warranted an uplift of $200 to $700 from the starting point referred to.
Mitigating factors were Ms Manning’s admission of the breach and her good record. In the Committee’s view, those mitigating factors warranted a discount in the sum of $200, bringing the penalty back to $500.
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: d4dd9d25d538ec6eac582070f873b776
informantnumber: A8001
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/11/2015
hearing_title: Kaikoura TC 2 November 2015 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Alabar Kaikoura Cup (Group 2), an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver (Australia), Ms K E Manning, alleging a breach of Rule 869 (2) (a) in that, as the driver of ARDEN ROONEY in the race, she “used her whip excessively in the home straight”.
Ms Manning was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed a video replay of the final 200-300 metres of the race. He pointed out ARDEN ROONEY, driven by Ms Manning, racing outside the leader as the field entered the home straight. He said that the Stewards were alleging that Ms Manning had used her whip in excess of 20 times from that point. Not only was the number of strikes of concern, Mr Ydgren said, but also the continuous manner in which she had used her whip with few pauses, especially over the final 100 metres.
Ms Manning said that she did not dispute that the number of strikes had exceeded 20. Ms Manning accepted that the strikes were on the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Manning having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Ms Manning had a good record but pointed out that she does not often drive in New Zealand. He referred to the starting point of a $500 fine as provided in the Penalty Guide. He submitted that the Committee should have regard to Ms Manning’s good record and her admission of the breach. However, he pointed out, the race was a Group 2 race for a stake of $50,000 and the Committee should regard this as an aggravating factor. He submitted that a fine in the vicinity of $500 was appropriate.
Ms Manning admitted that she had struck the horse continuously over the final 100 metres. She pointed out that the finish was a close one (ARDEN ROONEY won by a head). The horse had kept responding, she said.
reasonsforpenalty:
In looking at penalty, the Committee took, as a starting point, the suggested starting point in the Penalty Guide of a $500 fine. Aggravating factors were the status of the race (Group 2) and the stake payable ($50,000), the quite high number of strikes and the fact they were continuous and on the horse. Those factors warranted an uplift of $200 to $700 from the starting point referred to.
Mitigating factors were Ms Manning’s admission of the breach and her good record. In the Committee’s view, those mitigating factors warranted a discount in the sum of $200, bringing the penalty back to $500.
penalty:
Ms Manning was fined the sum of $500.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: K E Manning, Licensed Open Driver (Australia)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1132465630339c38fe8f424c4d75aa1d
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: ea418d64824da59d6c21c6443a24673b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/11/2015
meet_title: Kaikoura TC - 2 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC