Archive Decision

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NZ METRO TC 11 NOVEMBER 2011 – R 2

ID: JCA17001

Applicant:
Mr N G McIntyre - Stipendiary Steward

Respondent(s):
Mr K M James - Licensed Open Horseman

Information Number:
A1024

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 11 November 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2011/11/11

Race Number:
R2

Decision:

As Mr James admitted the charge, the charge was found proved. 

Penalty:

Mr James was fined the sum of $250. 

Charge:

Excessive use of the whip 

Facts:

Following the running of Race 2, Lone Star Riccarton Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr K M James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner throughout the run home.”

Mr James had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren, who was appearing for Mr McIntyre, informed the Committee that Mr James did not wish to be present at the hearing of the information.

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:

Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mr James, driving EARL HARBOUR, racing in the trail behind the leader. He said that it was the Steward's allegation that Mr James used his whip on no less than 34 occasions in the run home. Mr Ydgren conceded that many of those strikes were on the sulky shaft and not on the horse but his “continuous and extravagant whip action” would have been noticeable to any person watching the race. At no stage in the run home did Mr James pause to give the horse any respite, but he had used his whip in a continuous manner from about the 250 metres.

Submissions for Penalty:

Mr Ydgren informed the Committee that Mr James has a clear record as far as breaches of the Rule are concerned. Because of the number of strikes with the whip, Mr Ydgren submitted that a fine of $250 was appropriate. This breach was at the higher end of the scale, Mr Ydgren submitted. 

Reasons for Penalty:

In arriving at penalty, the Committee took into account Mr James’ admission of the breach and his previous good record. Against those mitigating factors was the number of strikes, approximately 34, which placed the breach at the upper end on a scale of seriousness. The Committee noted that the Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine, and it is aware that the usual fine for an admitted breach, where the respondent has a clear record, is a fine of $200. Because of the aggravating factor of the number of strikes, a larger fine is required in the present case.

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: bf8e0339f3445599af820250f39bab23


informantnumber: A1024


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/11/2011


hearing_title: NZ METRO TC 11 NOVEMBER 2011 - R 2


charge:

Excessive use of the whip 


facts:

Following the running of Race 2, Lone Star Riccarton Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr K M James, alleging a breach of Rule 869 (2) (a) in that, as the driver of EARL HARBOUR in the race, he “used his whip in an excessive manner throughout the run home.”

Mr James had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren, who was appearing for Mr McIntyre, informed the Committee that Mr James did not wish to be present at the hearing of the information.

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:

Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mr James, driving EARL HARBOUR, racing in the trail behind the leader. He said that it was the Steward's allegation that Mr James used his whip on no less than 34 occasions in the run home. Mr Ydgren conceded that many of those strikes were on the sulky shaft and not on the horse but his “continuous and extravagant whip action” would have been noticeable to any person watching the race. At no stage in the run home did Mr James pause to give the horse any respite, but he had used his whip in a continuous manner from about the 250 metres.


reasonsfordecision:


Decision:

As Mr James admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Mr Ydgren informed the Committee that Mr James has a clear record as far as breaches of the Rule are concerned. Because of the number of strikes with the whip, Mr Ydgren submitted that a fine of $250 was appropriate. This breach was at the higher end of the scale, Mr Ydgren submitted. 


reasonsforpenalty:

In arriving at penalty, the Committee took into account Mr James’ admission of the breach and his previous good record. Against those mitigating factors was the number of strikes, approximately 34, which placed the breach at the upper end on a scale of seriousness. The Committee noted that the Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine, and it is aware that the usual fine for an admitted breach, where the respondent has a clear record, is a fine of $200. Because of the aggravating factor of the number of strikes, a larger fine is required in the present case.


penalty:

Mr James was fined the sum of $250. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N G McIntyre - Stipendiary Steward


JockeysandTrainer: Mr K M James - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: da9e6fdfac6acfc3295c5d0ef49298c7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 64aa3911fa0b68afb487951af00ee8bd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2011


meet_title: NZ Metro TC - 11 November 2011


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