Archive Decision

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Methven TC 25 March 2012 – R 2

ID: JCA14016

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr LJ Wigzell - Open Horseman

Information Number:
A5086

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Methven TC - 25 March 2012

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2012/03/25

Race Number:
R 2

Decision:

As Mr Wigzell had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Wigzell’s Open Horseman’s Licence was suspended from after the completion of racing today, the 25 March 2012, until after the completion of racing on 20 April 2012. This period of suspension includes 4 relevant race days, these being 1 April 2012 (Rangiora), 13 April 2012 (Reefton), 15 April 2012 (Banks Peninsula), and 20 April 2012 (NZMTC).

Charge:

Alleged excessive use of the whip.

Facts:

Following the running of Race 2, the McGirr Family Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr L. J. Wigzell alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in a manner which Stewards deem to be excessive in the run home when driving “Whychange”.

Rule 869(2)(a) reads as follows.“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Mr Wigzell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wigzell also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Renault gave evidence and used video coverage to show that Mr Wigzell had used his whip on about 22 occasions in the run home.

Mr Wigzell said that a number of the strikes had not been on the horse, but accepted that it was not a “good look”.

Submissions for Penalty:

In relation to penalty Mr Renault advised that Mr Wigzell had no relevant previous breaches of this Rule. The Penalty Guide recommends a starting point of 6 drives or a $300-00 fine, and Mr Renault submitted that a fine of $250-00 should be imposed.

Mr Wigzell made submissions that he would prefer a suspension to a fine.

Mr Renault said that Mr Wigzell did not have a lot of drives and made submissions that a suspension for 4 race days would be an alternative to a fine.

Mr Wigzell agreed that a 4 days suspension should be imposed.

Reasons for Penalty:

We took into account Mr Wigzell’s good record, and also took into account his admission of the breach. After hearing the submissions on penalty we were satisfied that a 4 day suspension was a fair penalty in the circumstances.

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: 8cd5a186971285d9b1f419a53bcb23c9


informantnumber: A5086


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 22/03/2012


hearing_title: Methven TC 25 March 2012 - R 2


charge:

Alleged excessive use of the whip.


facts:

Following the running of Race 2, the McGirr Family Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr L. J. Wigzell alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in a manner which Stewards deem to be excessive in the run home when driving “Whychange”.

Rule 869(2)(a) reads as follows.“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Mr Wigzell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Wigzell also agreed that he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault gave evidence and used video coverage to show that Mr Wigzell had used his whip on about 22 occasions in the run home.

Mr Wigzell said that a number of the strikes had not been on the horse, but accepted that it was not a “good look”.


reasonsfordecision:


Decision:

As Mr Wigzell had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Renault advised that Mr Wigzell had no relevant previous breaches of this Rule. The Penalty Guide recommends a starting point of 6 drives or a $300-00 fine, and Mr Renault submitted that a fine of $250-00 should be imposed.

Mr Wigzell made submissions that he would prefer a suspension to a fine.

Mr Renault said that Mr Wigzell did not have a lot of drives and made submissions that a suspension for 4 race days would be an alternative to a fine.

Mr Wigzell agreed that a 4 days suspension should be imposed.


reasonsforpenalty:

We took into account Mr Wigzell’s good record, and also took into account his admission of the breach. After hearing the submissions on penalty we were satisfied that a 4 day suspension was a fair penalty in the circumstances.


penalty:

Mr Wigzell’s Open Horseman’s Licence was suspended from after the completion of racing today, the 25 March 2012, until after the completion of racing on 20 April 2012. This period of suspension includes 4 relevant race days, these being 1 April 2012 (Rangiora), 13 April 2012 (Reefton), 15 April 2012 (Banks Peninsula), and 20 April 2012 (NZMTC).


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer: Mr LJ Wigzell - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d4d4242ef051720f1c8f2c28529b4a6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 11630b65be9d2642cc5017656bd26141


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/03/2012


meet_title: Methven TC - 25 March 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: RMcKenzie


meet_pm2: none


name: Methven TC