Banks Peninsula TC – 4 October 2009 –
ID: JCA18776
Hearing Type (Code):
harness-racing
Decision:
Following the running of Race 10, Susie Morrison Memorial & Gordon Trotter Racing Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr C R Driver, alleging a breach of Rule 869 (2) (a) in that Mr Driver “used his whip in an unnecessary manner whilst continuing to drive HEZANOPERATOR out when not in contention of running in the first six”.
Following the running of Race 10, Susie Morrison Memorial & Gordon Trotter Racing Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr C R Driver, alleging a breach of Rule 869 (2) (a) in that Mr Driver “used his whip in an unnecessary manner whilst continuing to drive HEZANOPERATOR out when not in contention of running in the first six”.
--Mr Driver had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The charge was found proved accordingly.
--Rule 869 (2) (a) provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren, Stipendiary Steward, showed a video replay of the final 400 metres of the Race. He pointed out Mr Driver driving HEZANOPERATOR, in a handy position, use the whip some 7-8 times shortly after turning for home. The horse then began to drift but Mr Driver continued to use his whip. The horse had no chance of running in the first six, Mr Ydgren submitted.
--Mr Renault informed the Committee that Mr Driver had been fined $200 for unnecessary use of the whip at the Kapiti Coast meeting on 1.2.09. He recommended a fine of between $300-350.
--The Committee noted that HEZANOPERATOR had finished in 2nd last placing, over 8 lengths from the winner. He used the whip on several occasions inside the final 200 metres when his horse, clearly, had no chance whatsoever of finishing in a dividend or stakes bearing placing. His continuing to use the whip on an obviously beaten runner was unnecessary and does him no credit. The breach was in the mid-to-high range and the Committee noted Mr Driver’s breach earlier this year. The only mitigating factor was his admission of the breach. The Committee also took into account Mr Driver’s junior driver status.
--Mr Driver was fined the sum of $350
R G McKenzie P J Rosanowski
CHAIR Committee Member
68189
Decision Date: 04/10/2009
Publish Date: 04/10/2009
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: 187cf7453e06dabfc26f01eb0fd90cde
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 4 October 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 10, Susie Morrison Memorial & Gordon Trotter Racing Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr C R Driver, alleging a breach of Rule 869 (2) (a) in that Mr Driver “used his whip in an unnecessary manner whilst continuing to drive HEZANOPERATOR out when not in contention of running in the first six”.
Following the running of Race 10, Susie Morrison Memorial & Gordon Trotter Racing Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr C R Driver, alleging a breach of Rule 869 (2) (a) in that Mr Driver “used his whip in an unnecessary manner whilst continuing to drive HEZANOPERATOR out when not in contention of running in the first six”.
--Mr Driver had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The charge was found proved accordingly.
--Rule 869 (2) (a) provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren, Stipendiary Steward, showed a video replay of the final 400 metres of the Race. He pointed out Mr Driver driving HEZANOPERATOR, in a handy position, use the whip some 7-8 times shortly after turning for home. The horse then began to drift but Mr Driver continued to use his whip. The horse had no chance of running in the first six, Mr Ydgren submitted.
--Mr Renault informed the Committee that Mr Driver had been fined $200 for unnecessary use of the whip at the Kapiti Coast meeting on 1.2.09. He recommended a fine of between $300-350.
--The Committee noted that HEZANOPERATOR had finished in 2nd last placing, over 8 lengths from the winner. He used the whip on several occasions inside the final 200 metres when his horse, clearly, had no chance whatsoever of finishing in a dividend or stakes bearing placing. His continuing to use the whip on an obviously beaten runner was unnecessary and does him no credit. The breach was in the mid-to-high range and the Committee noted Mr Driver’s breach earlier this year. The only mitigating factor was his admission of the breach. The Committee also took into account Mr Driver’s junior driver status.
--Mr Driver was fined the sum of $350
R G McKenzie P J Rosanowski
CHAIR Committee Member
68189
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 869.2.a
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