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N Z Metro T C 9 November 2010 – R 10

ID: JCA17909

Applicant:
Mr N Escott, Chief Stipendiary Steward

Respondent(s):
Mr L Justice, Open Horseman

Information Number:
69272

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 9 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2010/11/09

Race Number:
R 10

Decision:

As Mr Justice had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Justice was fined the sum of $500-00.

 

Charge:

Excessive use of the whip

Facts:

Following the running of Race 10, the New Zealand Trotting Cup, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr L. J. Justice alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that L. J. Justice as  the driver of Smoken Up used his whip excessively in the run home..”
 
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 Justice had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that Mr Justice had used his whip on approximately 26 or 27 occasions in the run home. 
 
Mr Justice said that he had not punished his horse excessively, and had held his reins in his hands at all times, as the Rules in Australia require. Mr Justice said that he was aware that the whip Rule was different in New Zealand.

 

Submissions for Penalty:

In relation to penalty Mr Escott advised that Mr Justice had some breaches of the Australian Rules on his record, but after discussions it was agreed that these breaches were probably not relevant to the present charge. It was also relevant, Mr Escott said, that this breach occurred in New Zealand’s premier harness race. As Mr Justice had admitted the breach a fine of between $500-00 and $750-00 was recommended. 
 
Mr Justice made submissions and said that the fine recommended was too much.

Reasons for Penalty:

We took into account that Mr Justice had no relevant previous convictions and also that he had admitted the breach. On the other hand this was the New Zealand Trotting Cup, a $750,000-00 Group 1 race. Taking all these matters into account we were satisfied that an appropriate fine in this case was a fine of $500-00, and on resuming the hearing we advised the parties of our decision.
 

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: fdbd85058cb92100b62ff5747b7b9419

informantnumber: 69272

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 16/11/2010

hearing_title: N Z Metro T C 9 November 2010 - R 10

charge:

Excessive use of the whip

facts:

Following the running of Race 10, the New Zealand Trotting Cup, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr L. J. Justice alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that L. J. Justice as  the driver of Smoken Up used his whip excessively in the run home..”
 
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 Justice had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that Mr Justice had used his whip on approximately 26 or 27 occasions in the run home. 
 
Mr Justice said that he had not punished his horse excessively, and had held his reins in his hands at all times, as the Rules in Australia require. Mr Justice said that he was aware that the whip Rule was different in New Zealand.

 

reasonsfordecision:

Decision:

As Mr Justice had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

sumissionsforpenalty:

In relation to penalty Mr Escott advised that Mr Justice had some breaches of the Australian Rules on his record, but after discussions it was agreed that these breaches were probably not relevant to the present charge. It was also relevant, Mr Escott said, that this breach occurred in New Zealand’s premier harness race. As Mr Justice had admitted the breach a fine of between $500-00 and $750-00 was recommended. 
 
Mr Justice made submissions and said that the fine recommended was too much.

reasonsforpenalty:

We took into account that Mr Justice had no relevant previous convictions and also that he had admitted the breach. On the other hand this was the New Zealand Trotting Cup, a $750,000-00 Group 1 race. Taking all these matters into account we were satisfied that an appropriate fine in this case was a fine of $500-00, and on resuming the hearing we advised the parties of our decision.
 

penalty:

Accordingly Mr Justice was fined the sum of $500-00.

 

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr N Escott, Chief Stipendiary Steward

JockeysandTrainer: Mr L Justice, Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 81e5f240afa4d859cc518b8d5f647832

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 10

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 7636e62d57f70b624d41997f8ab2ceb8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/11/2010

meet_title: NZ Metro TC - 9 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: none

name: NZ Metro TC