NZ Metro TC 10 November 2015 – R 10 – Chair, Mr R McKenzie
ID: JCA18131
Meet Title:
NZ Metro TC - 10 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/10
Race Number:
R10
Decision:
Ms Manning having admitted the charge, the charge was found proved.
Penalty:
Ms Manning’s licence was suspended for a period of 2 weeks commencing after the close of racing on Friday, 13 November 2015, up to and including Friday, 27 November 2015. She may drive again on 28 November. In addition, Ms Manning was fined the sum of $1,000.
Facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Ms K E Manning, alleging a breach of Rule 869 (2) (a) in that, as the driver of ARDEN ROONEY in the race, “throughout the final straight [she] used [her] whip in a manner that the Stewards deem to be excessive”.
Ms Manning was present at the hearing of the information and she indicated that she 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.
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Ms Manning, driving ARDEN ROONEY, leading the field as it entered the final straight.
Mr McIntyre said that the Stewards were alleging that Ms Manning had used her whip 19-20 times in the final 180 metres, with “minimal pauses”. The strikes were also “freehand” (with her hand off the rein), Mr McIntyre submitted. He asked the Committee to compare the actions of Ms Manning with the actions of Mr Purdon and Mr May, the drivers of the 2nd and 3rd placed horses respectively, whose whip actions were “broken up”, he said. Ms Manning was continually hitting the horse, which was outside the guidelines for use of the whip, McIntyre said.
Ms Manning said that there was nothing she could say. She said, when asked by the Committee, that she did not dispute the number of strikes alleged by the Stipendiary Stewards or the allegation that the strikes were continuous.
Submissions for Penalty:
Mr McIntyre told the Committee that Ms Manning had breached the excessive use of the whip Rule at Kaikoura on 2 November 2015, on which occasion she was fined $500. He pointed out that the suggested penalty under the Penalty Guide for a second breach of the Rule within 6 months is a 3-5 day suspension. Mr McIntyre said that the Committee needed to have regard to the fact that the race was a Group 1 race for a total stake of $750,000. Mr McIntyre said that he left it to the Committee to determine the appropriate period of suspension covering a period of 3-5 days and consider a fine in the vicinity of $1,500.
Ms Manning told the Committee that she was seeking a deferment, pursuant to Rule 1304 (1)(b), of any suspension until after the racing on Show Day, Friday 13 November.
A discussion then ensued as to how an appropriate period of suspension should be arrived at. Ms Manning told the Committee that her next drives, after 13 November, would likely be at Melton on Friday, 20 November. She was unsure as to her likely driving engagements after that but there would be some “local races”, she said. It was put to Ms Manning that the Stewards were also seeking a fine. She accepted that a fine, in addition to a suspension, would not be inappropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 3-5 days suspension as suggested by the Penalty Guide. There were two significant aggravating factors in this case. Firstly, the status of the race and the stake payable – the New Zealand Trotting Cup is this country’s premier harness race. Secondly, the number of strikes and the fact that they were delivered with some force, in a freehand manner and with no discernible pauses or alternative actions.
The sole mitigating factor was Ms Manning’s admission of the breach which, in any event, was somewhat inevitable.
The aggravating factors placed the breach at the very high end warranting, in the Committee’s view, a term of suspension at the top end of the 3-5 days starting point. The difficulty for the Committee was assessing the period to be covered by the 5 days, given Ms Manning is an Australian-based driver. Ms Manning was helpful in informing the Committee that her next meeting, after Show Day, was not until 20 November. The Committee determined that it was likely that Ms Manning may have driven on up to 4 days between that date and 27 November.
The Committee accepted Mr McIntyre’s submission that it was appropriate to impose a financial penalty in addition to a suspension. It was reasonable to consider that ARDEN ROONEY, which won the race by a long head and collected the winning stake of $412,500, may not have done so without Ms Manning’s excessive urgings.
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: f142f92a57a3bdf609ac43f20ed7d655
informantnumber: A7715
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2015
hearing_title: NZ Metro TC 10 November 2015 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Ms K E Manning, alleging a breach of Rule 869 (2) (a) in that, as the driver of ARDEN ROONEY in the race, “throughout the final straight [she] used [her] whip in a manner that the Stewards deem to be excessive”.
Ms Manning was present at the hearing of the information and she indicated that she 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.
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Ms Manning, driving ARDEN ROONEY, leading the field as it entered the final straight.
Mr McIntyre said that the Stewards were alleging that Ms Manning had used her whip 19-20 times in the final 180 metres, with “minimal pauses”. The strikes were also “freehand” (with her hand off the rein), Mr McIntyre submitted. He asked the Committee to compare the actions of Ms Manning with the actions of Mr Purdon and Mr May, the drivers of the 2nd and 3rd placed horses respectively, whose whip actions were “broken up”, he said. Ms Manning was continually hitting the horse, which was outside the guidelines for use of the whip, McIntyre said.
Ms Manning said that there was nothing she could say. She said, when asked by the Committee, that she did not dispute the number of strikes alleged by the Stipendiary Stewards or the allegation that the strikes were continuous.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Manning having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre told the Committee that Ms Manning had breached the excessive use of the whip Rule at Kaikoura on 2 November 2015, on which occasion she was fined $500. He pointed out that the suggested penalty under the Penalty Guide for a second breach of the Rule within 6 months is a 3-5 day suspension. Mr McIntyre said that the Committee needed to have regard to the fact that the race was a Group 1 race for a total stake of $750,000. Mr McIntyre said that he left it to the Committee to determine the appropriate period of suspension covering a period of 3-5 days and consider a fine in the vicinity of $1,500.
Ms Manning told the Committee that she was seeking a deferment, pursuant to Rule 1304 (1)(b), of any suspension until after the racing on Show Day, Friday 13 November.
A discussion then ensued as to how an appropriate period of suspension should be arrived at. Ms Manning told the Committee that her next drives, after 13 November, would likely be at Melton on Friday, 20 November. She was unsure as to her likely driving engagements after that but there would be some “local races”, she said. It was put to Ms Manning that the Stewards were also seeking a fine. She accepted that a fine, in addition to a suspension, would not be inappropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 3-5 days suspension as suggested by the Penalty Guide. There were two significant aggravating factors in this case. Firstly, the status of the race and the stake payable – the New Zealand Trotting Cup is this country’s premier harness race. Secondly, the number of strikes and the fact that they were delivered with some force, in a freehand manner and with no discernible pauses or alternative actions.
The sole mitigating factor was Ms Manning’s admission of the breach which, in any event, was somewhat inevitable.
The aggravating factors placed the breach at the very high end warranting, in the Committee’s view, a term of suspension at the top end of the 3-5 days starting point. The difficulty for the Committee was assessing the period to be covered by the 5 days, given Ms Manning is an Australian-based driver. Ms Manning was helpful in informing the Committee that her next meeting, after Show Day, was not until 20 November. The Committee determined that it was likely that Ms Manning may have driven on up to 4 days between that date and 27 November.
The Committee accepted Mr McIntyre’s submission that it was appropriate to impose a financial penalty in addition to a suspension. It was reasonable to consider that ARDEN ROONEY, which won the race by a long head and collected the winning stake of $412,500, may not have done so without Ms Manning’s excessive urgings.
penalty:
Ms Manning’s licence was suspended for a period of 2 weeks commencing after the close of racing on Friday, 13 November 2015, up to and including Friday, 27 November 2015. She may drive again on 28 November. In addition, Ms Manning was fined the sum of $1,000.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: K E Manning, Licensed Open Driver (Australia)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 87ff3fc8667333eccd1685b5996581d5
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: b3c01fc2c65172b080dc16f04b46c609
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2015
meet_title: NZ Metro TC - 10 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC