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Ashburton TC 4 June 2011 – R1

ID: JCA13752

Applicant:
N G McIntyre, Stipendiary Steward

Respondent(s):
J I Dickie, Licensed Junior Driver

Information Number:
69382

Hearing Type:
Hearing

Rules:
869 (2) (a)

Plea:
admitted

Meet Title:
Ashburton TC - 4 June 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Meet Committee Member 2:
GHall

Race Date:
2011/06/04

Race Number:
R1

Decision:

The charge was found proved.

Penalty:

Mr Dickie was fined the sum of $300.

Charge:

Excessive use of whip.

Facts:

Following the running of Race 1, Standardbred Breeders 4YO Diamond, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J I Dickie, alleging that, as the driver of ELSA in the Race, he used his whip excessively.
Mr Dickie was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr McIntyre said that the concern of the Stewards was raised over Mr Dickie’s whip use in Race 1 – he had used his whip 18 times in the run home, 11 times continuously, and therefore outside the guidelines laid down for use of the whip.
 
Mr N M Ydgren, Stipendiary Steward, showed video replays of the final 300-400 metres of the race. He pointed out Mr Dickie, driving ELSA, out widest on the track turning into the final straight. Mr Ydgren alleged that Mr Dickie had thereafter used the whip on approximately 18 occasions.
 
Mr McIntyre alleged that there were no pauses and that 11 of the strikes were continuous.
 
The Committee noted that ELSA had finished in 10th placing.
 
Mr Dickie stated that he did not dispute the allegation of the Stewards as to the number of times he used the whip but suggested that were “a couple of pauses” half way down the straight. He accepted that 18 was too many.

Submissions for Penalty:

Mr McIntyre informed the Committee that Mr Dickie had breached the same Rule on 24 March 2011 and was fined $150. Mr McIntyre referred to the fact that Mr Dickie had admitted the breach and was a Junior Driver but submitted that this meeting was one of the “showcase racedays”. He submitted that the Committee should consider a $300 fine.
 
Mr Dickie indicated preference for a fine rather than a term of suspension.

Reasons for Penalty:

In arriving at penalty, the Committee took into account Mr Dickie’s admission of the breach. It was an aggravating factor, however, that Mr Dickie had previously breached the Rule in March. The Committee also had regard to Mr Dickie’s junior driver status and that the breach was, in the Committee’s view, at the lower end of a scale of seriousness.  The Committee also had regard to the status of the race and the stake payable pursuant to Rule 1114 (2) – a Group 1 race for a stake of $150,000.

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: 602e4e426e5abb5370e5334422cce91f

informantnumber: 69382

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Ashburton TC 4 June 2011 - R1

charge:

Excessive use of whip.

facts:

Following the running of Race 1, Standardbred Breeders 4YO Diamond, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J I Dickie, alleging that, as the driver of ELSA in the Race, he used his whip excessively.
Mr Dickie was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

appealdecision:

isappeal:

submissionsfordecision:

Mr McIntyre said that the concern of the Stewards was raised over Mr Dickie’s whip use in Race 1 – he had used his whip 18 times in the run home, 11 times continuously, and therefore outside the guidelines laid down for use of the whip.
 
Mr N M Ydgren, Stipendiary Steward, showed video replays of the final 300-400 metres of the race. He pointed out Mr Dickie, driving ELSA, out widest on the track turning into the final straight. Mr Ydgren alleged that Mr Dickie had thereafter used the whip on approximately 18 occasions.
 
Mr McIntyre alleged that there were no pauses and that 11 of the strikes were continuous.
 
The Committee noted that ELSA had finished in 10th placing.
 
Mr Dickie stated that he did not dispute the allegation of the Stewards as to the number of times he used the whip but suggested that were “a couple of pauses” half way down the straight. He accepted that 18 was too many.

reasonsfordecision:

Decision:

The charge was found proved.

sumissionsforpenalty:

Mr McIntyre informed the Committee that Mr Dickie had breached the same Rule on 24 March 2011 and was fined $150. Mr McIntyre referred to the fact that Mr Dickie had admitted the breach and was a Junior Driver but submitted that this meeting was one of the “showcase racedays”. He submitted that the Committee should consider a $300 fine.
 
Mr Dickie indicated preference for a fine rather than a term of suspension.

reasonsforpenalty:

In arriving at penalty, the Committee took into account Mr Dickie’s admission of the breach. It was an aggravating factor, however, that Mr Dickie had previously breached the Rule in March. The Committee also had regard to Mr Dickie’s junior driver status and that the breach was, in the Committee’s view, at the lower end of a scale of seriousness.  The Committee also had regard to the status of the race and the stake payable pursuant to Rule 1114 (2) – a Group 1 race for a stake of $150,000.

penalty:

Mr Dickie was fined the sum of $300.

hearing_type: Hearing

Rules: 869 (2) (a)

Informant: N G McIntyre, Stipendiary Steward

JockeysandTrainer: J I Dickie, Licensed Junior Driver

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 7a6f10f81e205a572cff406618fe1ea6

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 565a68e2e97aab17f485aff1006b718c

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 04/06/2011

meet_title: Ashburton TC - 4 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "kmprice": 117.8, "MemberID": "JPhelan", "Member": "", "KMs": "190", "OtherExpenses": "0", "Total": "117.8", "MemberRole": "Panel member 1 ", "Approved": "on"}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: JPhelan

meet_pm2: GHall

name: Ashburton TC