Adjourned Hearing NZ Metropolitan TC 18 May 2021 – 18 May 2021 (heard 23 May 2021 at Rangiora – Chair, Mr RG McKenzie
ID: JCA22969
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 18 May 2021
Meet Chair:
DAnderson
Race Date:
2021/05/18
Race Number:
R 8
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams, Stipendiary Steward
Respondent: Mr RD Holmes, Licensed Open Driver
Information No: A13318
Meeting: NZ Metropolitan Trotting Club
Date: 18 May 2021 (heard 23 May 2021 at Rangiora)
Venue: Addington Raceway
Race: 8
Rule No: 869 (2) & Whip & Rein Regulations
Judicial Committee: Mr RG McKenzie, Chair
Plea: Admitted
FACTS:
Following the running of Race 8, First Direct Taxis Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr RD Holmes, alleging that, as the driver of CONQUER ME in the race, he “used his whip free of the rein in the home straight”.
The Information was filed with the Judicial Committee on the raceday and adjourned sine die. It was heard at the meeting of Rangiora Harness Racing Club held at Rangiora Raceway on 23 May 2021.
Mr Holmes had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at, which he was present.
The Whip and Rein Regulations provide as follows:
3.1-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.3-A driver shall not use a whip in an unapproved manner.
3.4-For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
-3.4.1-If the whip is applied other than as permitted in clause 3.1.
SUBMISSION(S):
Mr Williams showed a video replay of the final 200-300 metres of the race. He pointed out CONQUER ME, driven by Mr Holmes, racing in the trail behind the leader as the field entered the final straight. Shortly thereafter, Mr Holmes entered the passing lane before activating the removable deafeners near the 150 metres. Before returning his hand to the rein, Mr Williams said, Mr Holmes used his whip on two occasions. The strikes were, quite clearly, not forceful, Mr Williams said.
Mr Holmes told the hearing that he does not normally have the cord to activate the deafeners on the right-hand side. He has been struggling with this since the new regulations came into force. Someone else had geared up the horse and put the cord on the right-hand side. He said that he ought to have noticed this.
DECISION:
Mr Holmes having admitted the charge, it was found proved.
PENALTY SUBMISSION(S):
Mr Williams said that Mr Holmes was fined $200 on 29 December 2021 for using the whip free of the rein. That was 190 drives ago. On 25 February, he received a suspension of 3 days for using his whip in more that a wrist only flicking motion. Mr Holmes has had some difficulties in adjusting to the new regulations, Mr Williams said.
Mr Williams submitted that the breach was, quite clearly, low level. Notwithstanding that this is not Mr Holmes’s first offence, Stewards were submitting that the breach can be best addressed by a fine. In this regard, it was relevant that the first breach occurred 190 drives ago – 10 drives away from Mr Holmes’s record being reset. Any fine should be not less than $500, Mr Williams submitted.
Mr Holmes asked the Committee to consider a fine rather than a suspension, as driving is his only source of income at present.
REASONS FOR PENALTY:
This breach is not one that calls for a period of suspension as penalty. The HRNZ Whip Penalty Guide defines a “low-level breach” as follows:
Low-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.
The present breach is clearly within that definition of a low-level breach. There were two strikes with the whip, though applied while the hand was free of the rein, which were applied while the butt end of the whip was gripped above the closed hand. It was no more than a wrist only flicking motion.
The very low-level nature of the breach is the principal factor in the Committee’s decision to impose a fine rather than a term of suspension. In addition, Mr Holmes’ number of drives since the breach in December means that that breach is on the brink of falling off his record.
In deciding the amount of fine, the Committee has taken the higher figure of the penalty range for a low-level breach – that is to say, $400. The higher figure reflects that this is not a first offence.
PENALTY:
Mr Holmes is fined the sum of $400.
RG McKenzie
CHAIR
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: d79134e55fa9250d786af40ce52ee0bc
informantnumber:
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hearing_racingtype: harness-racing
startdate: 18/05/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned Hearing NZ Metropolitan TC 18 May 2021 - 18 May 2021 (heard 23 May 2021 at Rangiora - Chair, Mr RG McKenzie
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr P Williams, Stipendiary Steward
Respondent: Mr RD Holmes, Licensed Open Driver
Information No: A13318
Meeting: NZ Metropolitan Trotting Club
Date: 18 May 2021 (heard 23 May 2021 at Rangiora)
Venue: Addington Raceway
Race: 8
Rule No: 869 (2) & Whip & Rein Regulations
Judicial Committee: Mr RG McKenzie, Chair
Plea: Admitted
FACTS:
Following the running of Race 8, First Direct Taxis Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr RD Holmes, alleging that, as the driver of CONQUER ME in the race, he “used his whip free of the rein in the home straight”.
The Information was filed with the Judicial Committee on the raceday and adjourned sine die. It was heard at the meeting of Rangiora Harness Racing Club held at Rangiora Raceway on 23 May 2021.
Mr Holmes had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at, which he was present.
The Whip and Rein Regulations provide as follows:
3.1-A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.3-A driver shall not use a whip in an unapproved manner.
3.4-For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
-3.4.1-If the whip is applied other than as permitted in clause 3.1.
SUBMISSION(S):
Mr Williams showed a video replay of the final 200-300 metres of the race. He pointed out CONQUER ME, driven by Mr Holmes, racing in the trail behind the leader as the field entered the final straight. Shortly thereafter, Mr Holmes entered the passing lane before activating the removable deafeners near the 150 metres. Before returning his hand to the rein, Mr Williams said, Mr Holmes used his whip on two occasions. The strikes were, quite clearly, not forceful, Mr Williams said.
Mr Holmes told the hearing that he does not normally have the cord to activate the deafeners on the right-hand side. He has been struggling with this since the new regulations came into force. Someone else had geared up the horse and put the cord on the right-hand side. He said that he ought to have noticed this.
DECISION:
Mr Holmes having admitted the charge, it was found proved.
PENALTY SUBMISSION(S):
Mr Williams said that Mr Holmes was fined $200 on 29 December 2021 for using the whip free of the rein. That was 190 drives ago. On 25 February, he received a suspension of 3 days for using his whip in more that a wrist only flicking motion. Mr Holmes has had some difficulties in adjusting to the new regulations, Mr Williams said.
Mr Williams submitted that the breach was, quite clearly, low level. Notwithstanding that this is not Mr Holmes’s first offence, Stewards were submitting that the breach can be best addressed by a fine. In this regard, it was relevant that the first breach occurred 190 drives ago – 10 drives away from Mr Holmes’s record being reset. Any fine should be not less than $500, Mr Williams submitted.
Mr Holmes asked the Committee to consider a fine rather than a suspension, as driving is his only source of income at present.
REASONS FOR PENALTY:
This breach is not one that calls for a period of suspension as penalty. The HRNZ Whip Penalty Guide defines a “low-level breach” as follows:
Low-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.
The present breach is clearly within that definition of a low-level breach. There were two strikes with the whip, though applied while the hand was free of the rein, which were applied while the butt end of the whip was gripped above the closed hand. It was no more than a wrist only flicking motion.
The very low-level nature of the breach is the principal factor in the Committee’s decision to impose a fine rather than a term of suspension. In addition, Mr Holmes’ number of drives since the breach in December means that that breach is on the brink of falling off his record.
In deciding the amount of fine, the Committee has taken the higher figure of the penalty range for a low-level breach – that is to say, $400. The higher figure reflects that this is not a first offence.
PENALTY:
Mr Holmes is fined the sum of $400.
RG McKenzie
CHAIR
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Whip and Rein Regulations
Informant:
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Respondent:
StipendSteward:
raceid: b2c891b266d7b151ec03f391831be5e0
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race_title: R 8
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meetdate: 18/05/2021
meet_title: NZ Metro TC - 18 May 2021
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meet_chair: DAnderson
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name: NZ Metro TC