Archive Decision

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NZ Metro TC 13 March 2020 – R 9 – Chair, Mr D Anderson

ID: JCA17469

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr P Court - Licensed Open Driver

Other Person:
Mr N McIntyre - Chairman of Stewards

Information Number:
A12377

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
NZ Metro TC - 13 March 2020

Meet Chair:
DAnderson

Meet Committee Member 1:
OJarvis

Race Date:
2020/03/13

Race Number:
R 9

Decision:

As Mr Court admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Court is fined $200.

Facts:

Following the running of race 9 an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr P Court, alleging that Mr Court as the driver of WELL SAID LOVE in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Court had signed the Information stating he admitted the breach and confirmed to the Committee he had a good understanding of the Rule he had been charged with.

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 Regulations (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 Ydgren used the race video to identify Mr Court driving (2) WELL SAID LOVE, racing in the trail at approximately the 500 metres. He pointed to Mr Court use his whip on 13 occasions from the 400 metres to the finishing post and this was not disputed by Mr Court.

Mr Court stated “it is what it is”.

Submissions for Penalty:

Mr Ydgren said there were no aggravating factors to depart from the guidelines in this case.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, for a breach of the rule involving 12 strikes.

There are no aggravating factors to consider in this case.

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: e80fe979e1ce2129cfaf6aa991c13554


informantnumber: A12377


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 16/03/2020


hearing_title: NZ Metro TC 13 March 2020 - R 9 - Chair, Mr D Anderson


charge:


facts:

Following the running of race 9 an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr P Court, alleging that Mr Court as the driver of WELL SAID LOVE in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Court had signed the Information stating he admitted the breach and confirmed to the Committee he had a good understanding of the Rule he had been charged with.

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 Regulations (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 Ydgren used the race video to identify Mr Court driving (2) WELL SAID LOVE, racing in the trail at approximately the 500 metres. He pointed to Mr Court use his whip on 13 occasions from the 400 metres to the finishing post and this was not disputed by Mr Court.

Mr Court stated “it is what it is”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Court admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said there were no aggravating factors to depart from the guidelines in this case.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, for a breach of the rule involving 12 strikes.

There are no aggravating factors to consider in this case.


penalty:

Accordingly, Mr Court is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr P Court - Licensed Open Driver


Otherperson: Mr N McIntyre - Chairman of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: 06e06e7ede8da4cb47f7375146a4b1ed


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1a481becc6ad88750b7c323ddf8131bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/03/2020


meet_title: NZ Metro TC - 13 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: OJarvis


meet_pm2: none


name: NZ Metro TC