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N Z Metro 12 November 2010 – R 7

ID: JCA10714

Applicant:
Mr N McIntyre, Stipendiary Steward

Respondent(s):
Mr R May, Licensed Open Driver

Information Number:
68800

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 November 2010

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2010/11/12

Race Number:
R 7

Decision:

The charge was found proved.

Penalty:

Mr May was fined the sum of $300.

Charge:

Excessive use of the whip

Facts:

Following the running of Race 7, Hellers Dominion Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging a breach of Rule 869 (2) (a) in that Mr May, as the driver of STYLISH MONARCH in the race, “used his whip excessively in the run home”.
 
Mr May was present at the hearing of the information and he indicated that he admitted the breach.
 
Rule 869 provides as follows:
(2)   No horseman shall during any race:-
       (a)    use his whip in an unnecessary, excessive or improper manner

Submissions for Decision:

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the race. She pointed out Mr May, driving STYLISH MONARCH, racing 3-back on the markers turning into the home straight. She said that the Stewards were alleging that Mr May had used his whip excessively in the run home – 21 times approximately, she alleged. Of those, the last 15 or 16 were not broken up at all. Initially, Mr May used his whip but then put the reins back in both hands but continued to use the whip in an “up and down motion” on the reins. The last 15-16 strikes referred to were full strikes with the whip and continuous, Mrs Williams said. Mrs Williams referred to the guidelines issued by the Stipendiary Stewards regarding use of the whip.
 
Mr May said that the horse was “very, very lazy” and “if you do not hit him, he does not go”. After “giving him two”, he just flicked the horse with the reins but had the whip in his hand. He kept driving the horse in the final stages when it felt like he was going to “pull up”, Mr May said. It was a Group 1 race and he was out there to win, he said. He admitted that he had hit the horse some 15-16 times in the final stages but he had won the race, he said.

Reasons for Decision:

The Committee was satisfied that Mr May had used his whip excessively, as alleged. To use the whip on 21 occasions in the run home is excessive, or too much. The Committee was not impressed with Mr May’s explanation for his actions. The Committee noted his admission of the breach.

 

Submissions for Penalty:

Mrs Williams pointed out that the race was a Group 1 event for a stake of $200,000 and one of the country’s top races for trotters. She submitted that the appropriate penalty was a fine of between $300 and $400. Mr May had a clear record as far as breaches of the Rule were concerned. In the current season, Mr May has had 157 drives and in the 2009/2010 season had 706 drives.
 
Mr May had no submissions to make in relation to penalty
 

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr May’s admission of the breach and his previous good record as mitigating factors. The Committee also took into account the status of the race (Group 1) and the stake payable ($200,000). The Committee also looked at previous penalties imposed by Judicial Committees for excessive use of the whip in major races.

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: 113f61a591d0539e12e9fe62122c9d69

informantnumber: 68800

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 16/11/2010

hearing_title: N Z Metro 12 November 2010 - R 7

charge:

Excessive use of the whip

facts:

Following the running of Race 7, Hellers Dominion Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr R T May, alleging a breach of Rule 869 (2) (a) in that Mr May, as the driver of STYLISH MONARCH in the race, “used his whip excessively in the run home”.
 
Mr May was present at the hearing of the information and he indicated that he admitted the breach.
 
Rule 869 provides as follows:
(2)   No horseman shall during any race:-
       (a)    use his whip in an unnecessary, excessive or improper manner

appealdecision:

isappeal:

submissionsfordecision:

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the race. She pointed out Mr May, driving STYLISH MONARCH, racing 3-back on the markers turning into the home straight. She said that the Stewards were alleging that Mr May had used his whip excessively in the run home – 21 times approximately, she alleged. Of those, the last 15 or 16 were not broken up at all. Initially, Mr May used his whip but then put the reins back in both hands but continued to use the whip in an “up and down motion” on the reins. The last 15-16 strikes referred to were full strikes with the whip and continuous, Mrs Williams said. Mrs Williams referred to the guidelines issued by the Stipendiary Stewards regarding use of the whip.
 
Mr May said that the horse was “very, very lazy” and “if you do not hit him, he does not go”. After “giving him two”, he just flicked the horse with the reins but had the whip in his hand. He kept driving the horse in the final stages when it felt like he was going to “pull up”, Mr May said. It was a Group 1 race and he was out there to win, he said. He admitted that he had hit the horse some 15-16 times in the final stages but he had won the race, he said.

reasonsfordecision:

The Committee was satisfied that Mr May had used his whip excessively, as alleged. To use the whip on 21 occasions in the run home is excessive, or too much. The Committee was not impressed with Mr May’s explanation for his actions. The Committee noted his admission of the breach.

 

Decision:

The charge was found proved.

sumissionsforpenalty:

Mrs Williams pointed out that the race was a Group 1 event for a stake of $200,000 and one of the country’s top races for trotters. She submitted that the appropriate penalty was a fine of between $300 and $400. Mr May had a clear record as far as breaches of the Rule were concerned. In the current season, Mr May has had 157 drives and in the 2009/2010 season had 706 drives.
 
Mr May had no submissions to make in relation to penalty
 

reasonsforpenalty:

In determining penalty, the Committee had regard to Mr May’s admission of the breach and his previous good record as mitigating factors. The Committee also took into account the status of the race (Group 1) and the stake payable ($200,000). The Committee also looked at previous penalties imposed by Judicial Committees for excessive use of the whip in major races.

penalty:

Mr May was fined the sum of $300.

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr N McIntyre, Stipendiary Steward

JockeysandTrainer: Mr R May, Licensed Open Driver

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 2a60f865199a6913571b95ac9266a02f

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: bab6c5f7098464b9171add13cecdf413

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 12/11/2010

meet_title: NZ Metro TC - 12 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: JPhelan

meet_pm2: none

name: NZ Metro TC