NZ Metro TC 14 May 2021 – R 8 – Chair, Mr R McKenzie
ID: JCA13582
Meet Title:
NZ Metro TC - 14 May 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2021/05/14
Race Number:
R8
Decision:
Mr Hope having admitted the charge, it was found proved.
Penalty:
Mr Hope’s Junior Driver’s Licence is suspended from after the close of racing on 21 May 2021 up to and including 30 May 2021 – 4 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 23 May, Forbury Park TC on 27 May and NZ Metropolitan TC on 28 and 30 May 2021.
Facts:
Following the running of Race 8, Lone Star Sires’ Stakes Aged Trotters Classic (Listed Race), an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr B T Hope, alleging that, as the Driver of MIDNIGHT DASH in the race, he “used his whip in a continuous manner in the run home”.
Mr Hope had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing, at which he was present, after the Regulation was read to him by Mr Ydgren at his request. Mr Hope was assisted at the hearing by Licensed Open Driver, Mr N P Williamson.
Rule 869 provides as follows:
(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Whip and Rein Regulations provide as follows:
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.
Mr Ydgren showed video replays of the final 250 metres of the race. He pointed out Mr Hope, driving MIDNIGHT DASH, leading the field entering the home straight. Mr Hope had his whip in his left hand and he commenced using it shortly after turning for home, until just short of the finishing line.
Mr Ydgren said that it was the allegation of Stewards that Mr Hope had used his whip continuously, without relenting. The whip use was not “offensive”, he said, and Mr Hope would not have been charged with any other breach of the Regulations had he broken up his whip use.
Mr Hope acknowledged that his whip use had been continuous, but he had not “belted” the horse, he said. Mr Williamson added that Mr Hope had complied with the other requirements of the Regulations, but agreed his use of the whip had been continuous.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide starting point for penalty in a Listed Race of a 4-days suspension. It was Mr Hope’s first breach of this part of the Regulations and he had admitted the breach at the earliest opportunity, he said.
The hearing then considered the upcoming meetings at which Mr Hope would be likely to drive. There was a Junior Drivers’ Race programmed for Forbury Park TC on 27 May. He would be likely to drive at that meeting, Mr Hope said, which was accepted by Mr Ydgren.
Mr Hope requested that any period of suspension be deferred until after the premier meeting at Addington on 21 May next.
Reasons for Penalty:
The Committee noted the Penalty Guide starting point for a Listed Race as pointed out by Mr Ydgren – a 4-days suspension for a mid-range breach. It was a possible aggravating factor that MIDNIGHT DASH had gone on to win the race. Mr Ydgren had earlier submitted that it was likely that the horse would have won the race notwithstanding, and this was also the observation of the Committee. The official winning margin was a comfortable ¾ length.
There were no relevant mitigating factors but the Committee did note Mr Hope’s clear record and his frank admission of the breach. There was no compelling reason to depart from the Penalty Guide starting point.
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: 49a47337927dfa3e662f323e81d8ea5b
informantnumber: A13314
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using Whip in Unapproved Manner
plea: admitted
penaltyrequired: 1
decisiondate: 17/05/2021
hearing_title: NZ Metro TC 14 May 2021 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Lone Star Sires’ Stakes Aged Trotters Classic (Listed Race), an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr B T Hope, alleging that, as the Driver of MIDNIGHT DASH in the race, he “used his whip in a continuous manner in the run home”.
Mr Hope had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing, at which he was present, after the Regulation was read to him by Mr Ydgren at his request. Mr Hope was assisted at the hearing by Licensed Open Driver, Mr N P Williamson.
Rule 869 provides as follows:
(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Whip and Rein Regulations provide as follows:
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.
Mr Ydgren showed video replays of the final 250 metres of the race. He pointed out Mr Hope, driving MIDNIGHT DASH, leading the field entering the home straight. Mr Hope had his whip in his left hand and he commenced using it shortly after turning for home, until just short of the finishing line.
Mr Ydgren said that it was the allegation of Stewards that Mr Hope had used his whip continuously, without relenting. The whip use was not “offensive”, he said, and Mr Hope would not have been charged with any other breach of the Regulations had he broken up his whip use.
Mr Hope acknowledged that his whip use had been continuous, but he had not “belted” the horse, he said. Mr Williamson added that Mr Hope had complied with the other requirements of the Regulations, but agreed his use of the whip had been continuous.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hope having admitted the charge, it was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide starting point for penalty in a Listed Race of a 4-days suspension. It was Mr Hope’s first breach of this part of the Regulations and he had admitted the breach at the earliest opportunity, he said.
The hearing then considered the upcoming meetings at which Mr Hope would be likely to drive. There was a Junior Drivers’ Race programmed for Forbury Park TC on 27 May. He would be likely to drive at that meeting, Mr Hope said, which was accepted by Mr Ydgren.
Mr Hope requested that any period of suspension be deferred until after the premier meeting at Addington on 21 May next.
reasonsforpenalty:
The Committee noted the Penalty Guide starting point for a Listed Race as pointed out by Mr Ydgren – a 4-days suspension for a mid-range breach. It was a possible aggravating factor that MIDNIGHT DASH had gone on to win the race. Mr Ydgren had earlier submitted that it was likely that the horse would have won the race notwithstanding, and this was also the observation of the Committee. The official winning margin was a comfortable ¾ length.
There were no relevant mitigating factors but the Committee did note Mr Hope’s clear record and his frank admission of the breach. There was no compelling reason to depart from the Penalty Guide starting point.
penalty:
Mr Hope’s Junior Driver’s Licence is suspended from after the close of racing on 21 May 2021 up to and including 30 May 2021 – 4 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 23 May, Forbury Park TC on 27 May and NZ Metropolitan TC on 28 and 30 May 2021.
hearing_type: Hearing
Rules: 869(2)& Whip and Rein Regulations
Informant: Chief Stipendiary Steward, N M Ydgren
JockeysandTrainer: B T Hope, Licensed Junior Driver
Otherperson: Licensed Open Driver, N P Williamson
PersonPresent:
Respondent:
StipendSteward:
raceid: ca72fee783268b64762e3b561e31d264
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b2d8ef390c458bd47589cc93fe21f1d3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 1
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/05/2021
meet_title: NZ Metro TC - 14 May 2021
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