Banks Peninsula TC 20 November 2016 – R 8 – Chair,Mr R McKenzie
ID: JCA13793
Meet Title:
Banks Peninsula TC - 20 November 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/11/20
Race Number:
R8
Decision:
The charge was found proved.
Penalty:
Mr Kennett’s Junior Driver’s Licence was suspended for the period commencing from after the close of racing on 20 November 2016, up to and including Friday, 9 December 2016 – effectively 4 driving days. The meetings intended to be encompassed by the period of suspension are Geraldine on 26 November, Oamaru on 3 December, Methven on 4 December and Forbury Park on 9 December 2016.
Facts:
Following the running of Race 8, Dakins Groups Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr J L E Kennett, alleging that Mr Kennett, as the driver of VENETO in the race, “used his whip excessively in the home straight”.
Mr Kennett was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J Markham.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Kennett, driving VENETO, the eventual winner of the race, making a run wide on the track as the field entered the home straight. He showed Mr Kennett commence using his whip and continue to use it, Stewards were alleging, in excess of 20 times in the run home, with a sole pause passing the 100 metres when Mr Kennett went back to his reins and “double-slapped” the horse with the reins. However, Mr Ydgren alleged, despite that pause, Mr Kennett still reached in excess of 20 strikes with his whip which, in the opinion of the Stewards, is “clearly excessive”. It was a clear breach of the Rule, Mr Ydgren submitted.
Mr Kennett said that he accepted that the number of strikes exceeded 20. It was agreed that the number of strikes was 22.
Mr Kennett pointed out that the finish was very close – the winning margin was a half head – and he had only got up in the last stride. It was a long straight. He had paused and gone back to his reins but decided that, to win the race, it was necessary to resume using his whip. Without the last 5 strikes following the pause, he would not have won the race, Mr Kennett said. He had done the best that he could for not only himself but also the punters. It was a driver’s obligation to do so, he said. He also suggested that, had his horse been beaten, he may have been facing a charge of failing to drive out.
Mr Markham submitted that it was not “an aggressive drive”. Mr Kennett had been doing his best without punishing the horse. Mr Kennett added that some of the strikes were on the sulky shaft.
Reasons for Decision:
The guidelines regarding use of the whip provide that “excessive” simply means “too much” and relates to the number of times and/or the force with which the whip is used. In this case, the Stewards are alleging that it is the number of strikes which make Mr Kennett’s whip use excessive. The practice of Stewards has been to charge a driver where the number of strikes is 20 or more. This is generally accepted by both drivers and Judicial Committees alike as being the threshold over which use of the whip will be deemed excessive. In Mr Kennett’s case, the number of strikes was agreed at 22. The use of the whip in this case is, therefore, prima facie excessive.
Mr Kennett needed to satisfy us that, notwithstanding the number of strikes, his use of the whip was not excessive so as to constitute a breach of the Rule. The principal ground of defence that he put forward was that it was necessary for him to use his whip as he did for the horse to win the race. It has been a long-established principle that it is not a defence to a charge of a breach of the Rule for a driver to say that it was necessary to drive his horse in a particular way in order to win the race. In the decision of the Appeals Tribunal in the thoroughbred case of Enright (1996), which also involved excessive use of the whip, it was stated:
If the horse race cannot be won within the application of the Rules of Racing which govern the manner in which the race is to be run, then sobeit and it cannot win.
We agree with that principle and believe that it is relevant to this case.
Mr Kennett also advanced the argument that not all of the strikes were on the horse and Mr Markham submitted that the use of the whip by Mr Kennett was not “aggressive”. Neither of those factors provides a defence.
The Committee was comfortably satisfied that Mr Kennett’s use of the whip was excessive in that 22 strikes inside the final 400 metres, with only one discernible pause between the whip being used, is “too much” and a breach of the Rule.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Kennett has had 50 lifetime drives – 6 this season and 40 last season. His record under the Rule is a clear one.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine. Mr Kennett was entitled to credit for his good record, which was the only mitigating factor, he said. He submitted that a fine of $400 would be appropriate.
Mr Kennett raised the matter of whether the Committee would consider a suspension instead of a fine. He said that there were several horses on the point of resuming racing that he would likely be driving. Mr Ydgren said that, if the Committee were to consider a suspension, Stewards would submit that a 4-days’ suspension would be appropriate.
Mr Kennett accepted that a 4-days’ suspension was a fair penalty. The calendar was then looked at with Mr Ydgren and Mr Kennett, and the four meetings, after today, at which Mr Kennett would be likely to drive were agreed upon.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as suggested in the Penalty Guide. From that starting point, Mr Kennett was entitled to a discount for his previous good record. We assessed the appropriate discount for that factor at $100.
The Committee acceded to Mr Kennett’s request that he receive a term of suspension rather than a fine. On the basis, as provided in the Penalty Guide, that 1 drive equates to a fine of $50, the appropriate term of suspension was, therefore, 4 days. This was the period of suspension submitted by Mr Ydgren and accepted by Mr Kennett.
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: 661938efce22e6c7aa7e589c59144167
informantnumber: A8324
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: denied
penaltyrequired: 1
decisiondate: 22/11/2016
hearing_title: Banks Peninsula TC 20 November 2016 - R 8 - Chair,Mr R McKenzie
charge:
facts:
Following the running of Race 8, Dakins Groups Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr J L E Kennett, alleging that Mr Kennett, as the driver of VENETO in the race, “used his whip excessively in the home straight”.
Mr Kennett was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J Markham.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Kennett, driving VENETO, the eventual winner of the race, making a run wide on the track as the field entered the home straight. He showed Mr Kennett commence using his whip and continue to use it, Stewards were alleging, in excess of 20 times in the run home, with a sole pause passing the 100 metres when Mr Kennett went back to his reins and “double-slapped” the horse with the reins. However, Mr Ydgren alleged, despite that pause, Mr Kennett still reached in excess of 20 strikes with his whip which, in the opinion of the Stewards, is “clearly excessive”. It was a clear breach of the Rule, Mr Ydgren submitted.
Mr Kennett said that he accepted that the number of strikes exceeded 20. It was agreed that the number of strikes was 22.
Mr Kennett pointed out that the finish was very close – the winning margin was a half head – and he had only got up in the last stride. It was a long straight. He had paused and gone back to his reins but decided that, to win the race, it was necessary to resume using his whip. Without the last 5 strikes following the pause, he would not have won the race, Mr Kennett said. He had done the best that he could for not only himself but also the punters. It was a driver’s obligation to do so, he said. He also suggested that, had his horse been beaten, he may have been facing a charge of failing to drive out.
Mr Markham submitted that it was not “an aggressive drive”. Mr Kennett had been doing his best without punishing the horse. Mr Kennett added that some of the strikes were on the sulky shaft.
reasonsfordecision:
The guidelines regarding use of the whip provide that “excessive” simply means “too much” and relates to the number of times and/or the force with which the whip is used. In this case, the Stewards are alleging that it is the number of strikes which make Mr Kennett’s whip use excessive. The practice of Stewards has been to charge a driver where the number of strikes is 20 or more. This is generally accepted by both drivers and Judicial Committees alike as being the threshold over which use of the whip will be deemed excessive. In Mr Kennett’s case, the number of strikes was agreed at 22. The use of the whip in this case is, therefore, prima facie excessive.
Mr Kennett needed to satisfy us that, notwithstanding the number of strikes, his use of the whip was not excessive so as to constitute a breach of the Rule. The principal ground of defence that he put forward was that it was necessary for him to use his whip as he did for the horse to win the race. It has been a long-established principle that it is not a defence to a charge of a breach of the Rule for a driver to say that it was necessary to drive his horse in a particular way in order to win the race. In the decision of the Appeals Tribunal in the thoroughbred case of Enright (1996), which also involved excessive use of the whip, it was stated:
If the horse race cannot be won within the application of the Rules of Racing which govern the manner in which the race is to be run, then sobeit and it cannot win.
We agree with that principle and believe that it is relevant to this case.
Mr Kennett also advanced the argument that not all of the strikes were on the horse and Mr Markham submitted that the use of the whip by Mr Kennett was not “aggressive”. Neither of those factors provides a defence.
The Committee was comfortably satisfied that Mr Kennett’s use of the whip was excessive in that 22 strikes inside the final 400 metres, with only one discernible pause between the whip being used, is “too much” and a breach of the Rule.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Kennett has had 50 lifetime drives – 6 this season and 40 last season. His record under the Rule is a clear one.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine. Mr Kennett was entitled to credit for his good record, which was the only mitigating factor, he said. He submitted that a fine of $400 would be appropriate.
Mr Kennett raised the matter of whether the Committee would consider a suspension instead of a fine. He said that there were several horses on the point of resuming racing that he would likely be driving. Mr Ydgren said that, if the Committee were to consider a suspension, Stewards would submit that a 4-days’ suspension would be appropriate.
Mr Kennett accepted that a 4-days’ suspension was a fair penalty. The calendar was then looked at with Mr Ydgren and Mr Kennett, and the four meetings, after today, at which Mr Kennett would be likely to drive were agreed upon.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as suggested in the Penalty Guide. From that starting point, Mr Kennett was entitled to a discount for his previous good record. We assessed the appropriate discount for that factor at $100.
The Committee acceded to Mr Kennett’s request that he receive a term of suspension rather than a fine. On the basis, as provided in the Penalty Guide, that 1 drive equates to a fine of $50, the appropriate term of suspension was, therefore, 4 days. This was the period of suspension submitted by Mr Ydgren and accepted by Mr Kennett.
penalty:
Mr Kennett’s Junior Driver’s Licence was suspended for the period commencing from after the close of racing on 20 November 2016, up to and including Friday, 9 December 2016 – effectively 4 driving days. The meetings intended to be encompassed by the period of suspension are Geraldine on 26 November, Oamaru on 3 December, Methven on 4 December and Forbury Park on 9 December 2016.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: J L E Kennett, Licensed Junior Driver
Otherperson: C J Markham, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 866c5360d1815a641ccb278e4d6b9191
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f108324eb37d1b38993bbba5c61cbeeb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2016
meet_title: Banks Peninsula TC - 20 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula TC