NZ Metro TC 12 May 2012 – R 6
ID: JCA12623
Meet Title:
NZ Metro TC - 12 May 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/05/12
Race Number:
R 6
Decision:
The charged was dismissed.
Charge:
Alleged breach of Rule 869(2)(a).
Facts:
Following the running of Race 6, the Seelite Windows & Doors Sires’ Stakes 2yo Trotters Championship, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr B. N. Orange alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) Mr Orange used his whip in an excessive manner on his drive “Paramount Queen”.
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.”
Mr Orange had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Orange also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Orange had used his whip on three occasions prior to entering the home straight. When in the home straight Mr Orange had used his whip on a further 17 occasions.
Mr McIntyre made submission that although the use of the whip by Mr Orange was not forceful, the number of strikes was excessive.
Mr Orange gave evidence that he was aware that use of the whip on 20 or more occasions was deemed by the Stipendiary Stewards to be excessive. He said that he was intent on keeping below that number, and that he did not believe that his first three strikes should be taken into account. Mr Orange said that on these three occasions he had simply let the whip “fall on him”, and that he just let the whip “rest on its bum”.
Mr McIntyre stated during the hearing that using the whip on 20 or more occasions was the “policy” of the Stewards for bringing excessive whip charges.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of this incident. We were satisfied that Mr Orange had used his whip on 20 occasions from the 350 metre mark. After the first three strikes there was a break for some distance. Well into the straight Mr Orange used his whip a further 17 times. At the start he used his whip with clear pauses, but near the end he used his whip “rapid fire”.
Mr Orange said that for the first three strikes he had just let the whip “rest on its bum” and that these strikes shouldn’t count. Mr Orange also said that he was aware that 20 strikes was the limit. Mr McIntyre agreed that this was an acceptable guideline.
We find that the whip use was not continuous or in breach of the use of whip guidelines for other reasons. We also accepted Mr Orange’s submission that the first three strikes were hardly strikes at all, and we decided to discount these.
We found that in this case it was borderline excessive use of the whip, and that the charge has not been proved to the required standard. We decided therefore that the charge should be dismissed.
On resuming the hearing we advised the parties of our reasons (as set out above) and that the charge was dismissed.
JCA Decision Fields (raw)
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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: 40baf0d4d230e8669e1555d60db32fcb
informantnumber: A5172
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 06/05/2012
hearing_title: NZ Metro TC 12 May 2012 - R 6
charge:
Alleged breach of Rule 869(2)(a).
facts:
Following the running of Race 6, the Seelite Windows & Doors Sires’ Stakes 2yo Trotters Championship, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr B. N. Orange alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) Mr Orange used his whip in an excessive manner on his drive “Paramount Queen”.
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.”
Mr Orange had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Orange also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that Mr Orange had used his whip on three occasions prior to entering the home straight. When in the home straight Mr Orange had used his whip on a further 17 occasions.
Mr McIntyre made submission that although the use of the whip by Mr Orange was not forceful, the number of strikes was excessive.
Mr Orange gave evidence that he was aware that use of the whip on 20 or more occasions was deemed by the Stipendiary Stewards to be excessive. He said that he was intent on keeping below that number, and that he did not believe that his first three strikes should be taken into account. Mr Orange said that on these three occasions he had simply let the whip “fall on him”, and that he just let the whip “rest on its bum”.
Mr McIntyre stated during the hearing that using the whip on 20 or more occasions was the “policy” of the Stewards for bringing excessive whip charges.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of this incident. We were satisfied that Mr Orange had used his whip on 20 occasions from the 350 metre mark. After the first three strikes there was a break for some distance. Well into the straight Mr Orange used his whip a further 17 times. At the start he used his whip with clear pauses, but near the end he used his whip “rapid fire”.
Mr Orange said that for the first three strikes he had just let the whip “rest on its bum” and that these strikes shouldn’t count. Mr Orange also said that he was aware that 20 strikes was the limit. Mr McIntyre agreed that this was an acceptable guideline.
We find that the whip use was not continuous or in breach of the use of whip guidelines for other reasons. We also accepted Mr Orange’s submission that the first three strikes were hardly strikes at all, and we decided to discount these.
We found that in this case it was borderline excessive use of the whip, and that the charge has not been proved to the required standard. We decided therefore that the charge should be dismissed.
On resuming the hearing we advised the parties of our reasons (as set out above) and that the charge was dismissed.
Decision:
The charged was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: abf0de440bd65522f5af4c5d7f4cb0dd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dc910f015746552397bb3e45d56bc00
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2012
meet_title: NZ Metro TC - 12 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC