Cambridge-Te Awamutu HRC 29 March 2011 – Race 1
ID: JCA17342
Meet Title:
Cambridge - Te Awamutu HRC - 29 March 2011
Meet Chair:
JHolloway
Meet Committee Member 1:
GJones
Race Date:
2011/03/29
Race Number:
R1
Decision:
As the breach was admitted the charge was found proved.
Penalty:
Having taken the above factors into account the Committee imposes a fine of $150.
Charge:
Horseman P Young used his whip unnecessarily on Forever Norvic over the concluding stages of Race 1.
Facts:
Rule 869 (2) (a) provides that:
No horseman shall during any race:
(a) Use his whip in an unnecessary, excessive or improper manner.
Mr Taumanu provided evidence by way of side and head on video film of the concluding stages of the race. Mr Taumanu told the Committee that horseman Mr Young continued to use his whip despite the fact that FOREVER NORVIC was clearly a beaten runner and had no hope of finishing in a better position.
Mr Taumanu said that the number and force of strikes were immaterial because the relevant rule defines unnecessary use of the whip as striking an obvious beaten runner, and in his view FOREVER NORVIC was a clearly beaten runner at the time that Mr Young continued to use his whip. Mr Taumanu said that FOREVER NORVIC finished last in a field of nine, some 18 lengths from the winner.
Mr Young told the Committee that he “tapped” FOREVER NORVIC about five or six times out of frustration. He said that the horse had worked good enough to win a race of this calibre and he simply tapped her up to encourage her not to slow down to a walk.
Submissions for Penalty:
Mr Taumanu submitted that Mr Young co-operated with the investigation; he had a very good driving record and had no previous rule breaches in the past 12 months.
In terms of seriousness of the breach Mr Taumanu told the Committee that in some regards due to public perception unnecessary use of the whip could be deemed worse that excessive use of the whip and on that basis submitted that this particular breach warranted a fine of $300 and/or suspension of one month.
Mr Young submitted that the force used and number of strikes was minimal. He reinforced to the Committee that he used his whip no more than five or six times in the entire home straight. He submitted that the breach merited no more than a $100 fine.
Reasons for Penalty:
The Committee carefully assessed the evidence of Mr Taumanu and Mr Young as well as their relative submissions. The Committee determined on its own volition that FOREVER NORVIC was clearly a beaten runner and gave no indication of improving its position in the home straight. The Committee noted that the number of strikes of the whip was no more that five or six light taps and therefore assessed the seriousness of the breach as being at the lower end.
The Committee has given due weight to Mr Young’s admission of the charge and his excellent driving record during the past 12 months.
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: fbaa8052c3820c50c4628caa40d98d95
informantnumber: 69428
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Cambridge-Te Awamutu HRC 29 March 2011 - Race 1
charge:
Horseman P Young used his whip unnecessarily on Forever Norvic over the concluding stages of Race 1.
facts:
Rule 869 (2) (a) provides that:
No horseman shall during any race:
(a) Use his whip in an unnecessary, excessive or improper manner.
Mr Taumanu provided evidence by way of side and head on video film of the concluding stages of the race. Mr Taumanu told the Committee that horseman Mr Young continued to use his whip despite the fact that FOREVER NORVIC was clearly a beaten runner and had no hope of finishing in a better position.
Mr Taumanu said that the number and force of strikes were immaterial because the relevant rule defines unnecessary use of the whip as striking an obvious beaten runner, and in his view FOREVER NORVIC was a clearly beaten runner at the time that Mr Young continued to use his whip. Mr Taumanu said that FOREVER NORVIC finished last in a field of nine, some 18 lengths from the winner.
Mr Young told the Committee that he “tapped” FOREVER NORVIC about five or six times out of frustration. He said that the horse had worked good enough to win a race of this calibre and he simply tapped her up to encourage her not to slow down to a walk.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the charge was found proved.
sumissionsforpenalty:
Mr Taumanu submitted that Mr Young co-operated with the investigation; he had a very good driving record and had no previous rule breaches in the past 12 months.
In terms of seriousness of the breach Mr Taumanu told the Committee that in some regards due to public perception unnecessary use of the whip could be deemed worse that excessive use of the whip and on that basis submitted that this particular breach warranted a fine of $300 and/or suspension of one month.
Mr Young submitted that the force used and number of strikes was minimal. He reinforced to the Committee that he used his whip no more than five or six times in the entire home straight. He submitted that the breach merited no more than a $100 fine.
reasonsforpenalty:
The Committee carefully assessed the evidence of Mr Taumanu and Mr Young as well as their relative submissions. The Committee determined on its own volition that FOREVER NORVIC was clearly a beaten runner and gave no indication of improving its position in the home straight. The Committee noted that the number of strikes of the whip was no more that five or six light taps and therefore assessed the seriousness of the breach as being at the lower end.
The Committee has given due weight to Mr Young’s admission of the charge and his excellent driving record during the past 12 months.
penalty:
Having taken the above factors into account the Committee imposes a fine of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Mr P Young - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a19452dfb10033add7b9a8472913737c
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: 2c67c919f5f0e48b67ed6f01f9de80ac
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/03/2011
meet_title: Cambridge - Te Awamutu HRC - 29 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "270", "Total": "167.4", "kmprice": 167.40000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: GJones
meet_pm2: none
name: Cambridge - Te Awamutu HRC