NZ Metro TC – 19 July 2007 – Race 5
ID: JCA19047
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 19 July 2007
Race Date:
2007/07/19
Race Number:
Race 5
Decision: --
Following the running of Race 7, Parklands Tavern NZ Junior Drivers' Championship (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr R M Tither, alleging that Mr Tither "used his whip excessively in the run home whilst driving OCHILTREE BOY"
--
DECISION AND REASONS:
--Following the running of Race 7, Parklands Tavern NZ Junior Drivers' Championship (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr R M Tither, alleging that Mr Tither "used his whip excessively in the run home whilst driving OCHILTREE BOY".
----Mr Tither was present at the hearing of the information and did not admit the breach. He was assisted by Licensed Open Driver, Mr C J De Filippi.
----Mr McIntyre alleged that Mr Tither had used the whip 18 times in the run home. Mrs K L Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the Race. She pointed out Mr Tither on OCHILTREE BOY, out wide on the track, use the whip 19 times from the top of the straight "with one or two slight pauses". She alleged that Mr Tither did not show any alternative actions. The horse had run on for 3rd but that was not a defence, Mrs Williams submitted.
----Mr Tither acknowledged that he was familiar with the guidelines regarding use of the whip but submitted that the guidelines did not specify the number of times that the whip could be used. He admitted that he had used the whip 18 times but, he submitted, four of those had been "hardly anything" and five were on the shaft of the sulky. He submitted that the lack of force should be taken into consideration. He suggested that enforcement of the guidelines was inconsistent. Further, OCHILTREE BOY was the favourite and the public would want to see the
----horse driven out. The horse had responded to the use of the whip near the finish, he said.
----Mr De Filippi submitted that Mr Tither had paused on three occasions ? they were "short pauses" but pauses nonetheless. Further, he had used the whip from 300 metres out and it was not as if he had used it that number of times in the last 200 metres. None of the strikes were "haymakers". Mr Tither had done well to get up and finish 3rd, Mr De Filippi said. He stressed that OCHILTREE Boy had been the favourite.
----Following a brief deliberation, the Committee delivered the following interim oral decision:
--"In summary, I find three things. Firstly, that the whip was used continuously over the final 300 metres. Secondly, that there were no distinct pauses between the whip being used. There were, I accept, two momentary pauses but not sufficient, in my view, to bring Mr Tither's actions within the guidelines. Thirdly, there was no interruption to the use of the whip by acceptable alternative actions.
--While, in some instances, the whip being used 18 times in the final 300 metres may not necessarily be deemed excessive, on this occasion for the reasons given I am satisfied that 18 times was excessive or too much.
--Accordingly, I find the charge proved."
----Mr McIntyre recommended a fine of $200 but stated that, if Mr Tither, being a Junior Driver, was not in a position to pay a fine, his recommendation was a 2-days' suspension.
----After a consideration of upcoming meetings and Mr Tither's likely driving engagements, Mr Tither's Junior Driver's licence was suspended up to and including Thursday, 2nd August 2007, effectively 2 days.
----R G McKenzie
----JUDICIAL COMMITTEE
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: 30391e110691309502d8e2bc54d1dab4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/07/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 19 July 2007 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, Parklands Tavern NZ Junior Drivers' Championship (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr R M Tither, alleging that Mr Tither "used his whip excessively in the run home whilst driving OCHILTREE BOY"
--
DECISION AND REASONS:
--Following the running of Race 7, Parklands Tavern NZ Junior Drivers' Championship (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr R M Tither, alleging that Mr Tither "used his whip excessively in the run home whilst driving OCHILTREE BOY".
----Mr Tither was present at the hearing of the information and did not admit the breach. He was assisted by Licensed Open Driver, Mr C J De Filippi.
----Mr McIntyre alleged that Mr Tither had used the whip 18 times in the run home. Mrs K L Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the Race. She pointed out Mr Tither on OCHILTREE BOY, out wide on the track, use the whip 19 times from the top of the straight "with one or two slight pauses". She alleged that Mr Tither did not show any alternative actions. The horse had run on for 3rd but that was not a defence, Mrs Williams submitted.
----Mr Tither acknowledged that he was familiar with the guidelines regarding use of the whip but submitted that the guidelines did not specify the number of times that the whip could be used. He admitted that he had used the whip 18 times but, he submitted, four of those had been "hardly anything" and five were on the shaft of the sulky. He submitted that the lack of force should be taken into consideration. He suggested that enforcement of the guidelines was inconsistent. Further, OCHILTREE BOY was the favourite and the public would want to see the
----horse driven out. The horse had responded to the use of the whip near the finish, he said.
----Mr De Filippi submitted that Mr Tither had paused on three occasions ? they were "short pauses" but pauses nonetheless. Further, he had used the whip from 300 metres out and it was not as if he had used it that number of times in the last 200 metres. None of the strikes were "haymakers". Mr Tither had done well to get up and finish 3rd, Mr De Filippi said. He stressed that OCHILTREE Boy had been the favourite.
----Following a brief deliberation, the Committee delivered the following interim oral decision:
--"In summary, I find three things. Firstly, that the whip was used continuously over the final 300 metres. Secondly, that there were no distinct pauses between the whip being used. There were, I accept, two momentary pauses but not sufficient, in my view, to bring Mr Tither's actions within the guidelines. Thirdly, there was no interruption to the use of the whip by acceptable alternative actions.
--While, in some instances, the whip being used 18 times in the final 300 metres may not necessarily be deemed excessive, on this occasion for the reasons given I am satisfied that 18 times was excessive or too much.
--Accordingly, I find the charge proved."
----Mr McIntyre recommended a fine of $200 but stated that, if Mr Tither, being a Junior Driver, was not in a position to pay a fine, his recommendation was a 2-days' suspension.
----After a consideration of upcoming meetings and Mr Tither's likely driving engagements, Mr Tither's Junior Driver's licence was suspended up to and including Thursday, 2nd August 2007, effectively 2 days.
----R G McKenzie
----JUDICIAL COMMITTEE
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 949da344e6a5f8940b32593d4ae56af9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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race_pm2:
meetid: 59d7d66fbdc31307594704f45727b07c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/07/2007
meet_title: NZ Metro TC - 19 July 2007
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
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name: NZ Metro TC