NZ Metro TC 12 November 2019 – R 12 – Chair, Mr R McKenzie
ID: JCA13158
Meet Title:
NZ Metro TC - 12 November 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/11/12
Race Number:
R12
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
Penalty:
Mr Curtin is fined the sum of $200.
Facts:
Following the running Race 12, Blue Star Taxis Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J F Curtin, alleging that Mr Curtin, as the driver of TANGO TARA in the race, “used his whip on more occasions than is permitted”.
Mr Curtin had not signed the Statement by the Respondent on the information form indicating his plea to the charge. However, he indicated to the Committee in person prior to the hearing that he admitted the breach and requested that his appearance at the hearing be excused.
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.
The Use of Whip Regulations (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 showed a video replay of the final 400 metres of the race. He pointed out Mr Curtin, driving TANGO TARA, in the one-one position passing the 400 metres. Upon entering the home straight, Mr Curtin pulled out to lodge a challenge. The horse won the race by the margin of a half neck.
Mr Ydgren alleged that Mr Curtin had used his whip on at least 11 occasions between the 400 metres and the finishing line. This was confirmed by the video replay.
Submissions for Penalty:
Mr Ydgren sought a penalty of a $200 fine in accordance with the sliding scale of penalties in the Use of the Whip Regulations.
Reasons for Penalty:
The Use of the Whip Regulations prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13, as was the case here. There were no aggravating or mitigating factors to be considered.
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: 4b25169a1cfa82eaadb8a954ed3fd29a
informantnumber: A12863
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2019
hearing_title: NZ Metro TC 12 November 2019 - R 12 - Chair, Mr R McKenzie
charge:
facts:
Following the running Race 12, Blue Star Taxis Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J F Curtin, alleging that Mr Curtin, as the driver of TANGO TARA in the race, “used his whip on more occasions than is permitted”.
Mr Curtin had not signed the Statement by the Respondent on the information form indicating his plea to the charge. However, he indicated to the Committee in person prior to the hearing that he admitted the breach and requested that his appearance at the hearing be excused.
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.
The Use of Whip Regulations (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 showed a video replay of the final 400 metres of the race. He pointed out Mr Curtin, driving TANGO TARA, in the one-one position passing the 400 metres. Upon entering the home straight, Mr Curtin pulled out to lodge a challenge. The horse won the race by the margin of a half neck.
Mr Ydgren alleged that Mr Curtin had used his whip on at least 11 occasions between the 400 metres and the finishing line. This was confirmed by the video replay.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Curtin having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren sought a penalty of a $200 fine in accordance with the sliding scale of penalties in the Use of the Whip Regulations.
reasonsforpenalty:
The Use of the Whip Regulations prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13, as was the case here. There were no aggravating or mitigating factors to be considered.
penalty:
Mr Curtin is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: J F Curtin, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b8198a86451f16af347b526e06e7665e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 437b0ddec8d7fe4f1f2a806945dfb6d7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2019
meet_title: NZ Metro TC - 12 November 2019
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