Archive Decision

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NZ Metro TC 11 November 2016 – R 1 – Chair, Mr S Ching

ID: JCA16834

Applicant:
N Ydgren - Chief Stipendiary Steward

Respondent(s):
M Perriton - Licensed Open Horsewoman

Information Number:
A 8048

Hearing Type:
Hearing

New Charge:
Excessive use of the whip.

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 11 November 2016

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2016/11/11

Race Number:
R1

Decision:

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

Penalty:

Accordingly, Ms Perriton was fined the sum of $300.

Facts:

Following the running of Race 1, the Metropol Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horsewoman, Ms M Perriton, alleging a breach of Rule 869(2)(a) in that she used her whip excessively manner throughout the concluding stages.

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.”

Ms Perriton had endorsed the Information that this breach of the Rules was admitted which she confirmed at the hearing. Ms Perriton also confirmed that she understood the rule she was being charged with.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Ms Perriton driving LISA MARIE P turning for home when in 2nd position. Mr Ydgren said that shortly after entering the home straight, Ms Perriton drew the whip and used it on 19 occasions over the concluding stages. Mr Ydgren stated that the number of strikes and the forceful nature of the strikes were of concern to the Stewards and the reason Ms Perriton was being charged.

Ms Perriton did not dispute the number of strikes submitted by Mr Ydgren and accepted she had breached the Rule and Guidelines.

Submissions for Penalty:

Mr Ydgren stated that Ms Perriton had driven on 8 occasions so far this season with 19 drives last season. Mr Ydgren stated that Ms Perriton had a clear record regarding this rule and had readily admitted the breach. He said the JCA Penalty Guide recommends a starting point of $500 for a breach of this rule and submitted that after consideration for Ms Perriton's good record and admission of the breach, that a fine of $300 be considered as penalty in this case.

Ms Perriton made no submissions in regards to penalty.

Reasons for Penalty:

In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. We were however, able to afford Ms Perriton a discount of $100 for her frank admission of the breach and a further discount of $100 for her good record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.

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: a7ce29dc5c850079ef5815bccad56cb1


informantnumber: A 8048


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip.


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2016


hearing_title: NZ Metro TC 11 November 2016 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the Metropol Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horsewoman, Ms M Perriton, alleging a breach of Rule 869(2)(a) in that she used her whip excessively manner throughout the concluding stages.

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.”

Ms Perriton had endorsed the Information that this breach of the Rules was admitted which she confirmed at the hearing. Ms Perriton also confirmed that she understood the rule she was being charged with.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Ms Perriton driving LISA MARIE P turning for home when in 2nd position. Mr Ydgren said that shortly after entering the home straight, Ms Perriton drew the whip and used it on 19 occasions over the concluding stages. Mr Ydgren stated that the number of strikes and the forceful nature of the strikes were of concern to the Stewards and the reason Ms Perriton was being charged.

Ms Perriton did not dispute the number of strikes submitted by Mr Ydgren and accepted she had breached the Rule and Guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Ydgren stated that Ms Perriton had driven on 8 occasions so far this season with 19 drives last season. Mr Ydgren stated that Ms Perriton had a clear record regarding this rule and had readily admitted the breach. He said the JCA Penalty Guide recommends a starting point of $500 for a breach of this rule and submitted that after consideration for Ms Perriton's good record and admission of the breach, that a fine of $300 be considered as penalty in this case.

Ms Perriton made no submissions in regards to penalty.


reasonsforpenalty:

In determining penalty, we adopted the JCA Penalty Guide starting point of a $500 fine, for a breach of this Rule. We were however, able to afford Ms Perriton a discount of $100 for her frank admission of the breach and a further discount of $100 for her good record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.


penalty:

Accordingly, Ms Perriton was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: M Perriton - Licensed Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b84ef87d537f875ea15a1ad9f1cca200


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ef1b3fb90ec1eb98b54be11044546515


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2016


meet_title: NZ Metro TC - 11 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC