NZ Metro TC – 10 November 2009 –
ID: JCA20684
Hearing Type (Code):
harness-racing
Decision:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Mr L Justice, alleging a breach of Rule 869 (2) (a) in that Mr Justice, as the driver of SMOKEN UP in the Race, “used his whip excessively throughout the run home”.
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Mr L Justice, alleging a breach of Rule 869 (2) (a) in that Mr Justice, as the driver of SMOKEN UP in the Race, “used his whip excessively throughout the run home”.
Mr Justice 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, accordingly, found proved.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
A video replay of the Race from the straight entrance was shown to the Committee by Stipendiary Steward, Mr N G McIntyre. He pointed out Mr Justice on SMOKEN UP leading into the home straight and, over the final 150 metres, he used his whip in a “rapid fire” manner. His whip of the whip was clearly outside the Guidelines, Mr McIntyre submitted. He alleged that Mr Justice had used his whip on approximately 25 occasions.
--Mr Escott informed the Committee that Mr Justice had recently breached the whip Rule in Australia. Mr Escott produced a printout of Mr Justice’s Australian record. It disclosed that Mr Justice had been fined $100 on 12.8.09 and on 25.10.09 was fined $200.
--Mr Escott submitted that the Committee should take into account Mr Justice’s admission of the breach. However, the Committee should also take into account the recent breaches in Australia and the status of the race and the stake payable. He recommended a fine of $500.
--The Committee took into account the matters submitted by Mr Escott.
--Mr Justice was fined the sum of $500.
--
R G McKenzie J M Phelan
CHAIR Committee Member
68258
Decision Date: 10/11/2009
Publish Date: 10/11/2009
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: 7b3d0d551de51a8c29f7011142b698b9
informantnumber:
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hearing_racingtype: harness-racing
startdate: 10/11/2009
newcharge:
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decisiondate: no date provided
hearing_title: NZ Metro TC - 10 November 2009 -
charge:
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submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Mr L Justice, alleging a breach of Rule 869 (2) (a) in that Mr Justice, as the driver of SMOKEN UP in the Race, “used his whip excessively throughout the run home”.
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Driver, Mr L Justice, alleging a breach of Rule 869 (2) (a) in that Mr Justice, as the driver of SMOKEN UP in the Race, “used his whip excessively throughout the run home”.
Mr Justice 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, accordingly, found proved.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
A video replay of the Race from the straight entrance was shown to the Committee by Stipendiary Steward, Mr N G McIntyre. He pointed out Mr Justice on SMOKEN UP leading into the home straight and, over the final 150 metres, he used his whip in a “rapid fire” manner. His whip of the whip was clearly outside the Guidelines, Mr McIntyre submitted. He alleged that Mr Justice had used his whip on approximately 25 occasions.
--Mr Escott informed the Committee that Mr Justice had recently breached the whip Rule in Australia. Mr Escott produced a printout of Mr Justice’s Australian record. It disclosed that Mr Justice had been fined $100 on 12.8.09 and on 25.10.09 was fined $200.
--Mr Escott submitted that the Committee should take into account Mr Justice’s admission of the breach. However, the Committee should also take into account the recent breaches in Australia and the status of the race and the stake payable. He recommended a fine of $500.
--The Committee took into account the matters submitted by Mr Escott.
--Mr Justice was fined the sum of $500.
--
R G McKenzie J M Phelan
CHAIR Committee Member
68258
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Rules: 869.2.a
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