Kaikoura TC 29 October 2018 – R 9 – Chair, Mr S Ching
ID: JCA13017
Meet Title:
Kaikoura TC - 29 October 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/10/29
Race Number:
R9
Decision:
As Ms Rasmussen had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Ms Rasmussen was fined the sum of $300.
Facts:
Following the running of Race 9, the PGG Wrightson Y.S.S. Aged Classic Handicap Pace an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horsewoman, Ms N Rasmussen, alleging a breach of Rule 869(2) in that she used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms Rasmussen had endorsed the information that the breach was admitted. She had also endorsed the information and informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Ms Rasmussen, driving ALL U NEED IS FAITH, inside the 300m and racing in the lead position as the field turned for home. Mr Ydgren showed Ms Rasmussen draw the whip near the 200m and use her whip in a striking manner on 13 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b).
Submissions for Penalty:
Mr Ydgren stated that Ms Rasmussen had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine, mitigation inclusive, for a 1st offence of 11 to 13 strikes on the sliding scale. He said the status of the race was a factor as the stake for the race was $50,000. This is above the $40,000 threshold required for the status of the race to be taken into consideration in penalty. Mr Ydgren therefore submitted that a fine commensurate with the sliding scale and the status of the race be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale of penalties, mitigation inclusive. This Committee determined that the status of the race was an aggravating factor warranting an uplift in penalty. This uplift we set at $100 We therefore determined that a $300 fine was an appropriate penalty in this case.
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: 36d0277e81ad7a1279c6daf43f1bb691
informantnumber: A12411
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)-Whip Regulation (b)
plea: admitted
penaltyrequired: 1
decisiondate: 31/10/2018
hearing_title: Kaikoura TC 29 October 2018 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the PGG Wrightson Y.S.S. Aged Classic Handicap Pace an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horsewoman, Ms N Rasmussen, alleging a breach of Rule 869(2) in that she used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Whip Regulation (b) reads as follows;
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms Rasmussen had endorsed the information that the breach was admitted. She had also endorsed the information and informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Ms Rasmussen, driving ALL U NEED IS FAITH, inside the 300m and racing in the lead position as the field turned for home. Mr Ydgren showed Ms Rasmussen draw the whip near the 200m and use her whip in a striking manner on 13 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Rasmussen had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Ms Rasmussen had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine, mitigation inclusive, for a 1st offence of 11 to 13 strikes on the sliding scale. He said the status of the race was a factor as the stake for the race was $50,000. This is above the $40,000 threshold required for the status of the race to be taken into consideration in penalty. Mr Ydgren therefore submitted that a fine commensurate with the sliding scale and the status of the race be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale of penalties, mitigation inclusive. This Committee determined that the status of the race was an aggravating factor warranting an uplift in penalty. This uplift we set at $100 We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Ms Rasmussen was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: N Rasmussen-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 48d4f35eabc584f98e5d883f589b5c91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ae04cb112b6441ebed3edd0a819b0ef2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2018
meet_title: Kaikoura TC - 29 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC