Manukau TC 19 January 2012 – R 8
ID: JCA13264
Meet Title:
Manukau TC - 19 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/19
Race Number:
R 8
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a penalty of $200.
Charge:
The information alleged that “Jaap Terstal the driver of Greg Brydon used his whip excessively on Greg Brydon over the concluding stages”.
Facts:
At the commencement of the hearing Mr T Vince sought permission from the Judicial Control Authority Committee (the ‘Committee’) to assist Mr Terstal to interpret the breach and to make submissions on his behalf. The committee agreed to this request. The charge was put to Mr Terstal and through Mr Vince he confirmed his admission and that he understood the nature of the charge.
Mr Taumanu demonstrated the breach by way of available video footage. He told the committee that Mr Terstal, whilst driving Geg Brydon, used his whip excessively by striking either his horse or sulky shaft at least 20 times between the home straight entrance and the finish line.
Mr Taumanu told the committee that Mr Terstal is a visiting horseman who is in New Zealand competing in the World Amateur Driver Series and that prior to the commencement of this meeting all visiting Amateur drivers were thoroughly briefed on Harness New Zealand Rules. That briefing included the particular rule relating to the use of the whip (Rule 869 2(a) which provides that):
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
On behalf of Mr Terstal, Mr Vince submitted that he unequivocally acknowledged that his whip action was outside the acceptable guidelines.
Submissions for Penalty:
Mr Taumanu submitted that Mr Terstals whip action was slightly above mid-range in terms of severity because it was vigorous and this tended to make it look particularly bad. He said that the guidelines for a breach of this nature would normally attract a suspension of 6 drives or a fine of $300.
Mr Vince submitted, on behalf of Mr Terstal, that this was only his third drive in New Zealand and he was still adjusting to New Zealand conditions and rules. He said that Mr Terstal got caught up in the excitement of the event, (i.e. the World Cup Amateur Series) and he will moderate his whip action in future series races. Mr Vince submitted that under the circumstances and the early admission of the breach a fine of $200 would be appropriate.
Reasons for Penalty:
The committee independently reviewed the breach and determined that Mr Terstal used his whip continuously at least 18 times and accordingly we assessed the breach as at least mid-range.
In assessing penalty we have taken into account the submissions of the Informant and those lodged on behalf of Mr Terstal. We have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
The committee has no information regarding Mr Terstal’s driving record, but for the purpose of this breach we have treated him as having no previous breaches in New Zealand. We also acknowledge that as an Amateur Horseman, Mr Terstal receives no financial gain from race driving.
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: 596652519fbd794ff2b97a2a5ef75240
informantnumber: 68681
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Manukau TC 19 January 2012 - R 8
charge:
The information alleged that “Jaap Terstal the driver of Greg Brydon used his whip excessively on Greg Brydon over the concluding stages”.
facts:
At the commencement of the hearing Mr T Vince sought permission from the Judicial Control Authority Committee (the ‘Committee’) to assist Mr Terstal to interpret the breach and to make submissions on his behalf. The committee agreed to this request. The charge was put to Mr Terstal and through Mr Vince he confirmed his admission and that he understood the nature of the charge.
Mr Taumanu demonstrated the breach by way of available video footage. He told the committee that Mr Terstal, whilst driving Geg Brydon, used his whip excessively by striking either his horse or sulky shaft at least 20 times between the home straight entrance and the finish line.
Mr Taumanu told the committee that Mr Terstal is a visiting horseman who is in New Zealand competing in the World Amateur Driver Series and that prior to the commencement of this meeting all visiting Amateur drivers were thoroughly briefed on Harness New Zealand Rules. That briefing included the particular rule relating to the use of the whip (Rule 869 2(a) which provides that):
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
On behalf of Mr Terstal, Mr Vince submitted that he unequivocally acknowledged that his whip action was outside the acceptable guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Taumanu submitted that Mr Terstals whip action was slightly above mid-range in terms of severity because it was vigorous and this tended to make it look particularly bad. He said that the guidelines for a breach of this nature would normally attract a suspension of 6 drives or a fine of $300.
Mr Vince submitted, on behalf of Mr Terstal, that this was only his third drive in New Zealand and he was still adjusting to New Zealand conditions and rules. He said that Mr Terstal got caught up in the excitement of the event, (i.e. the World Cup Amateur Series) and he will moderate his whip action in future series races. Mr Vince submitted that under the circumstances and the early admission of the breach a fine of $200 would be appropriate.
reasonsforpenalty:
The committee independently reviewed the breach and determined that Mr Terstal used his whip continuously at least 18 times and accordingly we assessed the breach as at least mid-range.
In assessing penalty we have taken into account the submissions of the Informant and those lodged on behalf of Mr Terstal. We have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
The committee has no information regarding Mr Terstal’s driving record, but for the purpose of this breach we have treated him as having no previous breaches in New Zealand. We also acknowledge that as an Amateur Horseman, Mr Terstal receives no financial gain from race driving.
penalty:
Having taken all matters into account we impose a penalty of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Mr J Terstal - Amateur Horseman
Otherperson: Mr T Vince - Assisting Mr Terstal
PersonPresent:
Respondent:
StipendSteward:
raceid: fbf40218365cc5e0e9fab70dfd6e1518
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dec11fd390e7933757180961f04748e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2012
meet_title: Manukau TC - 19 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Manukau TC