Archive Decision

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NZ Metro TC 12 April 2019 – R 4 – Chair, Mr D Anderson

ID: JCA13798

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mrs A Lethaby - Open Driver

Other Person:
Mr R Quirk - Stipendiary Steward

Information Number:
A12443

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 April 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/04/12

Race Number:
R 4

Decision:

As Mrs Lethaby admitted the breach the charge was found proved.

Penalty:

Accordingly, Mrs Lethaby is fined $200.

Facts:

Following the running of Race 4 the “Clarkson Signs – Traditional Handcrafted Signs Mobile Pace” an Information was filed Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mrs A Lethaby. The information alleged, A Lethaby (FRANCO RIOT) used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mrs Lethaby had signed the information stating she admitted the breach and that she did not want to be present at the hearing.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Ydgren used the race video with the assistance of Mr Quirk to identify Mrs Lethaby driving (2) FRANCO RIOT, racing 3 wide entering the home straight where after used her whip 12 times in the run to the finishing post. Five of the strikes were backhanders.

Mr Ydgren stated Mrs Lethaby agreed with 12 strikes but was surprised the backhanders she used would be counted as strikes.

Submissions for Penalty:

Mr Ydgren said this was a clear breach which requires the mandatory penalty for 12 strikes.

Reasons for Penalty:

The JCA Penalty Guide provides a fine of $200 for a breach of the regulations at this level, mitigation inclusive. The Committee considers this to be an appropriate penalty.

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: 66f5e4e41804020616922dc50d856aae


informantnumber: A12443


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 15/04/2019


hearing_title: NZ Metro TC 12 April 2019 - R 4 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 4 the “Clarkson Signs – Traditional Handcrafted Signs Mobile Pace” an Information was filed Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mrs A Lethaby. The information alleged, A Lethaby (FRANCO RIOT) used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mrs Lethaby had signed the information stating she admitted the breach and that she did not want to be present at the hearing.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Ydgren used the race video with the assistance of Mr Quirk to identify Mrs Lethaby driving (2) FRANCO RIOT, racing 3 wide entering the home straight where after used her whip 12 times in the run to the finishing post. Five of the strikes were backhanders.

Mr Ydgren stated Mrs Lethaby agreed with 12 strikes but was surprised the backhanders she used would be counted as strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Lethaby admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said this was a clear breach which requires the mandatory penalty for 12 strikes.


reasonsforpenalty:

The JCA Penalty Guide provides a fine of $200 for a breach of the regulations at this level, mitigation inclusive. The Committee considers this to be an appropriate penalty.


penalty:

Accordingly, Mrs Lethaby is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mrs A Lethaby - Open Driver


Otherperson: Mr R Quirk - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3da8bc5f7251f25a0122a491a919360f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 10e10e28e5b4629eabe8682cf536b3ba


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/04/2019


meet_title: NZ Metro TC - 12 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC