Nelson HRC 10 January 2016 – R10 – Chair, Mr T Utikere
ID: JCA13764
Meet Title:
Nelson HRC - 10 January 2016
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2016/01/10
Race Number:
R10
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Dunn is fined $300.
Facts:
Following the running of Race 10 (NELSON PINE INDUSTRIES NELSON CUP (HANDICAP PACE) 3000m), Open Horseman, D Dunn was charged with a breach of Rule 869(2)(a). The Information stated: "You used your whip in a manner stewards deem to be excessive in the final straight."
Rule 869(2) reads: No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
While the Information indicated that Mr Dunn had admitted the breach, he had also endorsed it with " Do not wish to be present."
Using the available side-on and head-on films, Mr Ydgren identified Mr Dunn (TATTINGER ROSE) positioned to the outside of Mr May (WESTERN ART) as the field turned for home. Mr Ydgren submitted that Mr Dunn had used his whip in excess of 20 times with rapid fire and little pause. He submitted that this was outside of the Whip Use Guidelines.
Submissions for Penalty:
Mr Ydgren submitted that Mr Dunn had a previous breach of this rule on 17 April 2015 for which he received a $325 fine. He believed Mr Dunn's record could be described as excellent as he had driven a lot of horses since then. Mr Ydgren identified that the JCA Penalty Guidelines noted a two day suspension or a $500 fine as the starting point for a breach of this rule. He submitted a fine in the vicinity $300 to $350 as appropriate. Although Mr Dunn elected not to be present at the hearing, Mr Ydgren informed the committee that Mr Dunn had intimated his preference for a fine rather than a period of suspension.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It is clear from the side-on and head-on films that Mr Dunn had used his whip in his right hand for approximately 23 strikes with limited respite in the final straight. This was in addition to some active use of the reins in his left hand. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 for a first breach and a two to three days suspension for a second breach. The starting point for a second breach is relevant where the breach occurs within a six month period, so is not relevant to Mr Dunn's current breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. In mitigation the committee considered Mr Dunn's admission of the breach and his excellent record for one of New Zealand's busiest drivers. The committee believed these aspects should afford Mr Dunn a discount in the quantum of $200.
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: 617c222acf164c429449f03fc6ab67ab
informantnumber: A8057
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/01/2016
hearing_title: Nelson HRC 10 January 2016 - R10 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 10 (NELSON PINE INDUSTRIES NELSON CUP (HANDICAP PACE) 3000m), Open Horseman, D Dunn was charged with a breach of Rule 869(2)(a). The Information stated: "You used your whip in a manner stewards deem to be excessive in the final straight."
Rule 869(2) reads: No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner."
While the Information indicated that Mr Dunn had admitted the breach, he had also endorsed it with " Do not wish to be present."
Using the available side-on and head-on films, Mr Ydgren identified Mr Dunn (TATTINGER ROSE) positioned to the outside of Mr May (WESTERN ART) as the field turned for home. Mr Ydgren submitted that Mr Dunn had used his whip in excess of 20 times with rapid fire and little pause. He submitted that this was outside of the Whip Use Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Dunn had a previous breach of this rule on 17 April 2015 for which he received a $325 fine. He believed Mr Dunn's record could be described as excellent as he had driven a lot of horses since then. Mr Ydgren identified that the JCA Penalty Guidelines noted a two day suspension or a $500 fine as the starting point for a breach of this rule. He submitted a fine in the vicinity $300 to $350 as appropriate. Although Mr Dunn elected not to be present at the hearing, Mr Ydgren informed the committee that Mr Dunn had intimated his preference for a fine rather than a period of suspension.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It is clear from the side-on and head-on films that Mr Dunn had used his whip in his right hand for approximately 23 strikes with limited respite in the final straight. This was in addition to some active use of the reins in his left hand. The JCA Penalty Guidelines identify a starting point of a two day suspension or a $500 for a first breach and a two to three days suspension for a second breach. The starting point for a second breach is relevant where the breach occurs within a six month period, so is not relevant to Mr Dunn's current breach. The committee determined that a fine was appropriate on this occasion and adopted the starting point of $500. In mitigation the committee considered Mr Dunn's admission of the breach and his excellent record for one of New Zealand's busiest drivers. The committee believed these aspects should afford Mr Dunn a discount in the quantum of $200.
penalty:
Mr Dunn is fined $300.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f469715012ea63d7044660fcada3a3ee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6755ec4e8619f97cfcad7d900f241e59
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/01/2016
meet_title: Nelson HRC - 10 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC