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Ashburton TC 6 June 2011 – R 10

ID: JCA15013

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr J. I. Dickie - Junior Horseman

Other Person:
Mr R. T. May - Open Horseman

Information Number:
67910

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Ashburton TC - 6 June 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/06/06

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties that our full reasons for this decision on penalty would be given in writing later, and gave brief reasons as set out above. We advised that Mr Dickie’s Junior Horseman’s Licence was suspended from after the completion of racing on 7 June 2011 until after the completion of racing on 10 June 2011, this being a one day suspension. In addition Mr Dickie was fined the sum of $400.

Charge:

Alleged breach of Rule 869(2)(a)

Facts:

Following the running of Race 10, the Hotel Ashburton Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr J. I. Dickie alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner. Mr Dickie is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
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 you used your whip in an excessive manner in the run home when driving “Wilusi Blues”.
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.”

Submissions for Decision:

Mr Dickie had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Dickie had used his whip on about 23 occasions in the run home, and that this use was almost continuous, especially early on. There was a break in the use towards the end of the race, but by this time Mr Dickie had used his whip almost continuously on about 20 occasions.
Mr Dickie had no submissions to make regarding the facts of this matter. Mr May said when Mr Dickie did stop using his whip near the end of the race he was in danger of getting beaten. and had to use it again.

Reasons for Decision:

As Mr Dickie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Ydgren advised that Mr Dickie had two previous convictions, these being on 24 March 2011 when he was fined $150, and on 4 June 2011 when he was fined $300 Mr Ydgren submitted that a two day suspension should be imposed in this case. Mr Dickie only drives in the Auckland and Cambridge areas, and the next two race meetings in that area are on 10 and 17 June 2011, the latter being a Premier race meeting.
Submissions by and on behalf of Mr Dickie were that he would prefer a fine to a suspension.
 

Reasons for Penalty:

We took into account that this breach was admitted. However this is Mr Dickie’s third breach since 24 March 2011 which is a concern. Our starting point is a fine of $500 or a suspension involving 10 drives for a second breach of this rule within the previous year. There is no guideline for third and subsequent breaches. Mr Dickie advised that he has about 5 drives per race meeting.
We were satisfied that the penalty in this case should be more than the 10 drives or $500 fine which would be an appropriate starting point for a second breach within a year. Our decision was that Mr Dickie would be suspended for one day and also be fined the sum of $400 We record here that the race meting at Cambridge on 7 June 2011 was not considered for this penalty as notification of drivers for that meeting had closed.

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: 9a1d7be23aa27cce33da4b39d864b8c3

informantnumber: 67910

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Ashburton TC 6 June 2011 - R 10

charge:

Alleged breach of Rule 869(2)(a)

facts:

Following the running of Race 10, the Hotel Ashburton Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr J. I. Dickie alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner. Mr Dickie is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr R. T. May.
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 you used your whip in an excessive manner in the run home when driving “Wilusi Blues”.
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.”

appealdecision:

isappeal:

submissionsfordecision:

Mr Dickie had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Dickie had used his whip on about 23 occasions in the run home, and that this use was almost continuous, especially early on. There was a break in the use towards the end of the race, but by this time Mr Dickie had used his whip almost continuously on about 20 occasions.
Mr Dickie had no submissions to make regarding the facts of this matter. Mr May said when Mr Dickie did stop using his whip near the end of the race he was in danger of getting beaten. and had to use it again.

reasonsfordecision:

As Mr Dickie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Ydgren advised that Mr Dickie had two previous convictions, these being on 24 March 2011 when he was fined $150, and on 4 June 2011 when he was fined $300 Mr Ydgren submitted that a two day suspension should be imposed in this case. Mr Dickie only drives in the Auckland and Cambridge areas, and the next two race meetings in that area are on 10 and 17 June 2011, the latter being a Premier race meeting.
Submissions by and on behalf of Mr Dickie were that he would prefer a fine to a suspension.
 

reasonsforpenalty:

We took into account that this breach was admitted. However this is Mr Dickie’s third breach since 24 March 2011 which is a concern. Our starting point is a fine of $500 or a suspension involving 10 drives for a second breach of this rule within the previous year. There is no guideline for third and subsequent breaches. Mr Dickie advised that he has about 5 drives per race meeting.
We were satisfied that the penalty in this case should be more than the 10 drives or $500 fine which would be an appropriate starting point for a second breach within a year. Our decision was that Mr Dickie would be suspended for one day and also be fined the sum of $400 We record here that the race meting at Cambridge on 7 June 2011 was not considered for this penalty as notification of drivers for that meeting had closed.

penalty:

On resuming the hearing we advised the parties that our full reasons for this decision on penalty would be given in writing later, and gave brief reasons as set out above. We advised that Mr Dickie’s Junior Horseman’s Licence was suspended from after the completion of racing on 7 June 2011 until after the completion of racing on 10 June 2011, this being a one day suspension. In addition Mr Dickie was fined the sum of $400.

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr N. M. Ydgren - Stipendiary Steward

JockeysandTrainer: Mr J. I. Dickie - Junior Horseman

Otherperson: Mr R. T. May - Open Horseman

PersonPresent:

Respondent:

StipendSteward:

raceid: 908412a569babcc8a30f1c58ed84ffcf

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: 2a4dc1fac4dd54d46c58188726b32ef6

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/06/2011

meet_title: Ashburton TC - 6 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "200", "Total": "124.0", "kmprice": 124.0, "Approved": "on"}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: KHales

meet_pm2: none

name: Ashburton TC