NZ Metro TC 10 November 2020 – R 8 – Chair, Mr R McKenzie
ID: JCA18100
Meet Title:
NZ Metro TC - 10 November 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/11/10
Race Number:
R8
Decision:
Ms Rasmussen having admitted the breach, the charge is found proved.
Penalty:
Ms Rasmussen’s application for a deferment of suspension is granted.
Ms Rasmussen’s Open Driver’s licence is suspended for a period commencing after the close of racing on 13 November 2020 up to and including 5 December 2020 – 7 days.
Facts:
Following the running of Race 8, Woodlands Stud Sires’ Stakes Final Series 37 (Group 1 Race) an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms N C Rasmussen, alleging that Ms Rasmussen, as the driver of PACE N PRIDE in the race, “used her whip with more than a flicking motion”.
Ms Rasmussen had signed the Statement by the Respondent on the Information form indicating that she admitted the charge and she confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purpose of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than is permitted by clause 3.1.
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out, PACE N PRIDE, driven by Ms Rasmussen, racing four places back in the 2-wide line in 7th position as the field approached the home turn and was then pulled out for a run as the field turned into the home straight. Mr Ydgren said that Stewards' concerns were that, early in the run home, Ms Rasmussen’s whip action involved more than a flicking motion. She had engaged the elbow to apply some force to the whip on approximately five occasions. In the final stages of the race, her whip action was fine, Mr Ydgren said. She had not met the requirements of the new regulations but was “not far off”. She just needed to “tone down” her whip action.
The Committee noted that PACE N PRIDE finished in 5th placing in the race.
Submissions for Penalty:
Mr Ydgren told the Committee that Ms Rasmussen has had 24 drives this season and in the 2019/2020 season had a total of 68 drives.
Mr Ydgren submitted that a 7-days suspension was appropriate as per the Penalty Guide for a breach in a Group 1 race.
A review of upcoming meetings was then undertaken and, accepting that it is a difficult exercise in Ms Rasmussen’s case, to be able to determine with any accuracy the meetings at which she is likely to be driving, it was agreed that a 7-days suspension, if the Committee so decided, would involve the period from after Show Day, 13 November, to 5 December.
Reasons for Penalty:
The Committee is of the view that this breach comes within the category of a “medium-level breach” which is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.
The HRNZ Whip Penalty Guide effective 1 October 2020, for Group 1 races (which this race was), prescribes a starting point of a 7-days suspension. Being satisfied that the breach is no worse than “medium level”, the Committee believes that no uplift to that starting point is required. There are no aggravating factors or relevant mitigating factors.
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: eed7813e20d096cd355d83a60cfa3e50
informantnumber: A12388
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using Whip in Unapproved Manner
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2020
hearing_title: NZ Metro TC 10 November 2020 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Woodlands Stud Sires’ Stakes Final Series 37 (Group 1 Race) an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms N C Rasmussen, alleging that Ms Rasmussen, as the driver of PACE N PRIDE in the race, “used her whip with more than a flicking motion”.
Ms Rasmussen had signed the Statement by the Respondent on the Information form indicating that she admitted the charge and she confirmed this at the hearing, at which she was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purpose of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than is permitted by clause 3.1.
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out, PACE N PRIDE, driven by Ms Rasmussen, racing four places back in the 2-wide line in 7th position as the field approached the home turn and was then pulled out for a run as the field turned into the home straight. Mr Ydgren said that Stewards' concerns were that, early in the run home, Ms Rasmussen’s whip action involved more than a flicking motion. She had engaged the elbow to apply some force to the whip on approximately five occasions. In the final stages of the race, her whip action was fine, Mr Ydgren said. She had not met the requirements of the new regulations but was “not far off”. She just needed to “tone down” her whip action.
The Committee noted that PACE N PRIDE finished in 5th placing in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Rasmussen having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Ms Rasmussen has had 24 drives this season and in the 2019/2020 season had a total of 68 drives.
Mr Ydgren submitted that a 7-days suspension was appropriate as per the Penalty Guide for a breach in a Group 1 race.
A review of upcoming meetings was then undertaken and, accepting that it is a difficult exercise in Ms Rasmussen’s case, to be able to determine with any accuracy the meetings at which she is likely to be driving, it was agreed that a 7-days suspension, if the Committee so decided, would involve the period from after Show Day, 13 November, to 5 December.
reasonsforpenalty:
The Committee is of the view that this breach comes within the category of a “medium-level breach” which is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.
The HRNZ Whip Penalty Guide effective 1 October 2020, for Group 1 races (which this race was), prescribes a starting point of a 7-days suspension. Being satisfied that the breach is no worse than “medium level”, the Committee believes that no uplift to that starting point is required. There are no aggravating factors or relevant mitigating factors.
penalty:
Ms Rasmussen’s application for a deferment of suspension is granted.
Ms Rasmussen’s Open Driver’s licence is suspended for a period commencing after the close of racing on 13 November 2020 up to and including 5 December 2020 – 7 days.
hearing_type: Hearing
Rules: 869(2) & Whip & Rein Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: N C Rasmussen, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: da4b408d115197d0cbc3d28f7e368dde
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5195d1040aafbedab4facd2ef31d2913
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2020
meet_title: NZ Metro TC - 10 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC