Manukau TC 19 January 2012 – R 9
ID: JCA12562
Meet Title:
Manukau TC - 19 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/19
Race Number:
R 9
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a penalty of $300.
Charge:
The information alleged that “horseman S Phillips used his whip excessively driving Erin Go Bragh over the concluding stages of the race”.
Mr Phillips endorsed the information “I do not wish to be present”.
Facts:
Mr Muirhead demonstrated the breach by way of available video footage. He told the committee that Mr Phillips, whilst driving the race winner Erin Go Bragh, used his whip excessively by striking his sulky shaft at least 10 times approaching the straight entrance and a further 20 times during the final 300 to 400 metres.
Mr Muirhead said that although Mr Phillips used his whip continuously he was not overly vigorous, but his whip use was clearly outside the recommended whip use guidelines.
Mr Phillips was not present and did not lodge any submissions regarding the breach.
Mr Phillips was participating in this race as the New Zealand representative in the World Amateur Driver Series. The committee was told that prior to the commencement of this meeting all 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”.
As the New Zealand representative in the series, Mr Phillips is familiar with Harness NZ Rules, driving conditions and driver obligations.
Submissions for Penalty:
Mr Muirhead submitted that the starting point for a breach of this nature is generally a fine not less than $250. He said that Mr Phillips has one previous breach of this rule in New Zealand (October 2011) and he believed that the breach should be assessed as higher than mid-range.
No submissions as to penalty were lodged on behalf of Mr Phillips.
Reasons for Penalty:
The committee independently reviewed the breach and determined that Mr Phillips used his whip continuously at least 22 times in the home straight and that he struck his sulky shaft at least 10 times approaching the straight. Accordingly we assessed the breach as above mid-range.
In assessing penalty we have taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have taken into account Mr Phillips’ previous breach of this Rule in October 2011 and we also acknowledge that as an Amateur Horseman, he 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: 37d11d980de41674d1bc93c9c317006f
informantnumber: 2352
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Manukau TC 19 January 2012 - R 9
charge:
The information alleged that “horseman S Phillips used his whip excessively driving Erin Go Bragh over the concluding stages of the race”.
Mr Phillips endorsed the information “I do not wish to be present”.
facts:
Mr Muirhead demonstrated the breach by way of available video footage. He told the committee that Mr Phillips, whilst driving the race winner Erin Go Bragh, used his whip excessively by striking his sulky shaft at least 10 times approaching the straight entrance and a further 20 times during the final 300 to 400 metres.
Mr Muirhead said that although Mr Phillips used his whip continuously he was not overly vigorous, but his whip use was clearly outside the recommended whip use guidelines.
Mr Phillips was not present and did not lodge any submissions regarding the breach.
Mr Phillips was participating in this race as the New Zealand representative in the World Amateur Driver Series. The committee was told that prior to the commencement of this meeting all 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”.
As the New Zealand representative in the series, Mr Phillips is familiar with Harness NZ Rules, driving conditions and driver obligations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the starting point for a breach of this nature is generally a fine not less than $250. He said that Mr Phillips has one previous breach of this rule in New Zealand (October 2011) and he believed that the breach should be assessed as higher than mid-range.
No submissions as to penalty were lodged on behalf of Mr Phillips.
reasonsforpenalty:
The committee independently reviewed the breach and determined that Mr Phillips used his whip continuously at least 22 times in the home straight and that he struck his sulky shaft at least 10 times approaching the straight. Accordingly we assessed the breach as above mid-range.
In assessing penalty we have taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
We have taken into account Mr Phillips’ previous breach of this Rule in October 2011 and we also acknowledge that as an Amateur Horseman, he receives no financial gain from race driving.
penalty:
Having taken all matters into account we impose a penalty of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Phillips - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: af8e5c13b2721f18018b83e05dabf4bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
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