NZ Metro TC 30 August 2020 – R 8 – Chair, Mr R McKenzie
ID: JCA17649
Meet Title:
NZ Metro TC - 30 August 2020
Meet Chair:
RMcKenzie
Race Date:
2020/08/30
Race Number:
R8
Decision:
Mr Smith having admitted the breach, the charge was found proved.
Penalty:
Mr Smith is fined the sum of $200.
Facts:
Following the running of Race 8, XCM Sport (Junior Drivers) Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Mr S T Smith, alleging that Mr Smith, as the driver of THE GENERAL in the race, “used his whip on more occasions than permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
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 Regulations 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 Williams showed a video replay of the final 400 metres of the race. He pointed out THE GENERAL, driven by Mr Smith, racing in 4th-to-last position and improving around runners as the field neared the home turn. Mr Williams alleged that Mr Smith had used his whip 12 or 13 times from inside the 400 metres to the finishing line. The Committee noted that Mr Smith, to his credit, ceased using his whip at least 50 metres from the finishing line, before finishing in 6th placing. Mr Williams stated that there had been 12 clear strikes, possibly 13. That was accepted by Mr Smith.
Neither Mr Smith nor Mr Cox wished to comment.
Submissions for Penalty:
Mr Williams told the Committee that Mr Smith is in his second season as a Junior Driver. This drive was his first this season and, in the 2019/2020 season, he had 24 drives.
Mr Williams referred to the Penalty Guide which prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13. Mr Smith’s record is clear.
Reasons for Penalty:
The Committee noted the penalty prescribed by the Penalty Guide.
There were no factors that might have been considered as aggravating, and there were no relevant mitigating factors.
It is appropriate to impose a fine in terms of the Penalty Guide in the regulations.
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: fe7458cc58c10b96734e3bf5b5596ca9
informantnumber: A13188
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2020
hearing_title: NZ Metro TC 30 August 2020 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, XCM Sport (Junior Drivers) Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Mr S T Smith, alleging that Mr Smith, as the driver of THE GENERAL in the race, “used his whip on more occasions than permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.
Mr Smith had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
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 Regulations 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 Williams showed a video replay of the final 400 metres of the race. He pointed out THE GENERAL, driven by Mr Smith, racing in 4th-to-last position and improving around runners as the field neared the home turn. Mr Williams alleged that Mr Smith had used his whip 12 or 13 times from inside the 400 metres to the finishing line. The Committee noted that Mr Smith, to his credit, ceased using his whip at least 50 metres from the finishing line, before finishing in 6th placing. Mr Williams stated that there had been 12 clear strikes, possibly 13. That was accepted by Mr Smith.
Neither Mr Smith nor Mr Cox wished to comment.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smith having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams told the Committee that Mr Smith is in his second season as a Junior Driver. This drive was his first this season and, in the 2019/2020 season, he had 24 drives.
Mr Williams referred to the Penalty Guide which prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13. Mr Smith’s record is clear.
reasonsforpenalty:
The Committee noted the penalty prescribed by the Penalty Guide.
There were no factors that might have been considered as aggravating, and there were no relevant mitigating factors.
It is appropriate to impose a fine in terms of the Penalty Guide in the regulations.
penalty:
Mr Smith is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: S T Smith, Licensed Junior Driver
Otherperson: MR J W Cox, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 1a00664b436ad6ae351c3565083e7f65
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: abd6323c0d7d9a7dcffb6d54520630c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2020
meet_title: NZ Metro TC - 30 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC