NZ Metro TC – 30 June 2009 – Race 9
ID: JCA23157
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 30 June 2009
Race Date:
2009/06/30
Race Number:
Race 9
Decision:
Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr R. A. Reekie alleging a breach of Rule 869(2)(a) in that Mr Reekie had used his whip excessively.
Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr R. A. Reekie alleging a breach of Rule 869(2)(a) in that Mr Reekie had 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 horseman R. Reekie as the driver of Independent Lass 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 Reekie had indicated on the information that he did not admit this breach of this Rules and he confirmed this at the hearing. Mr Reekie also agreed that he understood the charge, the Rule it was brought under, and the “Use of the Whip” guidelines.
--Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that in the run home Mr Reekie had used his whip on 24 or 25 occasions. On entering the straight Mr Reekie used his whip quite rapidly on about 15 occasions. There was then a slight pause, and the whip was again used on a further 10 occasions, with Mr Reekie stopping this use just short of the winning post.
--Mr Reekie gave evidence and he did not dispute that there were about 24 or 25 apparent strikes with the whip. He said however that on the final ten occasions he had actually been using the reins, and not his whip. The video coverage was looked at on numerous occasions. Mr Reekie also said that he had a good chance of finishing in a place and that he had to give his horse every chance to do so. He also said that he didn’t knock his horse around.
--We then adjourned to consider our decision. We were satisfied that Mr Reekie had used his whip rapidly on about 14 or 15 occasions after entering the straight. There was then a slight pause, and the whip was then used again on ten occasions up to near the end of the race. Mr Reekie was clearly holding his whip in his right hand, and we do not accept his evidence that he was only using his reins.
--After listening to the evidence from Mr Reekie we were doubtful that he did in fact have an understanding of the “Use of the Whip” guidelines. For this reason, so far as they relate to “excessive” use of the whip, we set them out in full.
--“Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
Applies whether striking the horse, harness or sulky.
A horse does not need to be marked for an excessive charge to be preferred.
Subject to the provisions of Rule 869(2) no horseman shall use the whip
continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions.
These actions include:-
- Running the rein(s) over the horse’s rump
- Touching or holding the whip on the top of the horse’s tail or rump
- Running the whip through the horses tail.”
We were satisfied that this charge had been proved, and on returning to the Enquiry Room we advised the parties that a full written decision would be delivered later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence, we are satisfied that Mr Reekie apparently used his whip on about 24 occasions in the run home. Mr Reekie defended this charge on the basis that on the last 10 or so occasions he was actually using the reins rather than his whip.
--Mr Reekie also said that he had a chance of finishing in the first six places, and that he needed to use his whip for this reason. Mr Reekie also said that he did not believe that he knocked his horse around.
--We find that Mr Reekie did use his whip on the 24 occasions, as alleged, and we reject his evidence that he only used his reins on the last 10 occasions. This use of the whip was clearly in breach of the Rule and the “Use of the Whip” guidelines. We find the charge proved.”
--Penalty:
--In relation to penalty Mr Ydgren advised that Mr Reekie had no previous convictions under this Rule, and recommended a fine of $250-00. Mr Reekie had no helpful submissions to make relating to penalty.
--After considering the matter of penalty we were satisfied that a fine of $250-00 was appropriate in this case, and Mr Reekie was fined this amount.
--
J. M. Phelan
CHAIR
67942
--
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: f8abfc43e5ebbd5b0fe6964a1ee548d4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 June 2009 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr R. A. Reekie alleging a breach of Rule 869(2)(a) in that Mr Reekie had used his whip excessively.
Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr R. A. Reekie alleging a breach of Rule 869(2)(a) in that Mr Reekie had 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 horseman R. Reekie as the driver of Independent Lass 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 Reekie had indicated on the information that he did not admit this breach of this Rules and he confirmed this at the hearing. Mr Reekie also agreed that he understood the charge, the Rule it was brought under, and the “Use of the Whip” guidelines.
--Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that in the run home Mr Reekie had used his whip on 24 or 25 occasions. On entering the straight Mr Reekie used his whip quite rapidly on about 15 occasions. There was then a slight pause, and the whip was again used on a further 10 occasions, with Mr Reekie stopping this use just short of the winning post.
--Mr Reekie gave evidence and he did not dispute that there were about 24 or 25 apparent strikes with the whip. He said however that on the final ten occasions he had actually been using the reins, and not his whip. The video coverage was looked at on numerous occasions. Mr Reekie also said that he had a good chance of finishing in a place and that he had to give his horse every chance to do so. He also said that he didn’t knock his horse around.
--We then adjourned to consider our decision. We were satisfied that Mr Reekie had used his whip rapidly on about 14 or 15 occasions after entering the straight. There was then a slight pause, and the whip was then used again on ten occasions up to near the end of the race. Mr Reekie was clearly holding his whip in his right hand, and we do not accept his evidence that he was only using his reins.
--After listening to the evidence from Mr Reekie we were doubtful that he did in fact have an understanding of the “Use of the Whip” guidelines. For this reason, so far as they relate to “excessive” use of the whip, we set them out in full.
--“Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
Applies whether striking the horse, harness or sulky.
A horse does not need to be marked for an excessive charge to be preferred.
Subject to the provisions of Rule 869(2) no horseman shall use the whip
continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions.
These actions include:-
- Running the rein(s) over the horse’s rump
- Touching or holding the whip on the top of the horse’s tail or rump
- Running the whip through the horses tail.”
We were satisfied that this charge had been proved, and on returning to the Enquiry Room we advised the parties that a full written decision would be delivered later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence, we are satisfied that Mr Reekie apparently used his whip on about 24 occasions in the run home. Mr Reekie defended this charge on the basis that on the last 10 or so occasions he was actually using the reins rather than his whip.
--Mr Reekie also said that he had a chance of finishing in the first six places, and that he needed to use his whip for this reason. Mr Reekie also said that he did not believe that he knocked his horse around.
--We find that Mr Reekie did use his whip on the 24 occasions, as alleged, and we reject his evidence that he only used his reins on the last 10 occasions. This use of the whip was clearly in breach of the Rule and the “Use of the Whip” guidelines. We find the charge proved.”
--Penalty:
--In relation to penalty Mr Ydgren advised that Mr Reekie had no previous convictions under this Rule, and recommended a fine of $250-00. Mr Reekie had no helpful submissions to make relating to penalty.
--After considering the matter of penalty we were satisfied that a fine of $250-00 was appropriate in this case, and Mr Reekie was fined this amount.
--
J. M. Phelan
CHAIR
67942
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a, 869.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 06134cfbe5d0863c7a9fbb9a77d4a6c5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 56ca263d1229384811309d0bf6526979
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/06/2009
meet_title: NZ Metro TC - 30 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC