NZ Metro TC 10 February 2017 – R 11 (heard 17 February 2017 at Addington) – Chair, Mr S Ching

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startdate: 10/02/2017

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hearing_title: NZ Metro TC 10 February 2017 - R 11 (heard 17 February 2017 at Addington) - Chair, Mr S Ching

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren-Chief Stipendiary Steward
Respondent: Mr J Cox-Licensed Open Horseman
Information Number: A8347
Rule: 869(2)(a)
Meeting: New Zealand Metropolitan Trotting Club
Date: 10 February 2017 (heard 17 February 2017)
Race No: 11
Judicial Committee: Mr S Ching, Chairman – Mr R McKenzie, Committee Member
Plea: Admitted
Charge: Excessive use of the whip

Evidence:
This was an adjourned hearing heard prior to race 1 at the NZMTC meeting on 17 February 2017.

Following the running of Race 11, the SBSR-O’Connor-Perkins-Shaw-Denario Breeding Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr J Cox, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final 400m while driving LIVING GLORY.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 Ydgren confirmed to the Committee that Mr Cox had admitted the breach and that he did not wish to be present at the hearing. ‘

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Cox driving LIVING GLORY turning for home when racing in 2nd last position and 2 off the pylons. Mr Ydgren said that shortly after entering the home straight, Mr Cox drew the whip and used it on approximately 12 occasions over the concluding stages. Mr Ydgren stated that Mr Cox used the whip on 4 occasions before going back to the rein. He said Mr Cox used the whip on a further 8 times in quick succession when nearing the winning post. Mr Ydgren also stated that the strikes could be described as reasonably forceful.

Decision:
As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions on Penalty:
Mr Ydgren stated that Mr Cox’s penalty record showed a breach of this rule at Methven on 4 December 2016 where he received a 1 day suspension and a fine of $150. He said the JCA Penalty Guide recommends a starting point of 3 to 5-day suspension for a 2nd breach of this rule within 6 months and submitted that after consideration to Mr Cox’s ready admission of the breach, that a 3 day suspension be considered as penalty.

Mr Ydgren stated that Mr Cox had requested any suspension to start after racing at Geraldine on 19 February 2017.

Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months. The Committee determined that an appropriate starting point in this case was a 4-day suspension and after consideration were able to afford Mr Cox a discount of 1 day for his ready admission of the breach. We therefore determined that an appropriate penalty on this occasion was a 3-day suspension.

Penalty:
Accordingly, Mr Cox’s licence is suspended from the conclusion of racing on Sunday 19 February up to and including 26 February 2017.

Meetings encompassed in this period are Addington on 23 February, Winton on 25 February and Methven 26 February.

S Ching        R McKenzie
Chairman     Committee Member
 

17 February 2017

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hearing_type: Old Hearing

Rules: 869(2)(a)

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