NZ Metro TC 15 December 2012 – R 3
ID: JCA12014
Meet Title:
NZ Metro TC - 15 December 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/12/15
Race Number:
R3
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
Penalty:
Mr Anderson was fined the sum of $200.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 3, Divine Cakes & Desserts Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J G Anderson, alleging a breach of Rule 869 (2) (a) in that, as the driver of K C PEDRO in the race, he “used his whip in a manner which Stewards deem to be excessive”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed at the hearing that Mr Anderson had received advice from Licensed Open Horseman, Mr M P Jones, prior to admitting the breach and, further, that he had indicated that he did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out Mr Anderson, driving K C PEDRO, widest on the track and challenging for the lead with approximately 200 metres to run. He alleged that, from that point, Mr Anderson had used his whip on approximately 24-25 occasions. The Committee noted that a number of those were in a backhand manner. Mr McIntyre alleged that Mr Anderson’s use of the whip was continuous with no pause. K C PEDRO had won the race by a narrow margin.
Submissions for Penalty:
Mr McIntyre told the Committee that Mr Anderson had a clear record and that he had made a very frank admission of the breach. Mr McIntyre also informed the Committee that Mr Anderson had been very remorseful when shown the video replay. Mr McIntyre submitted that, having regard to those matters, the appropriate penalty was a fine of $200.
Mr McIntyre informed the Committee that Mr Anderson has had 56 drives in the current season and, in the 2011/2012 season, had a total of 92 drives.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr Anderson’s good record, his frank admission of the breach and the fact that he had showed remorse. The Committee also took into account that Mr Anderson was a Junior Horseman. The Committee accepted that a fine of the amount submitted by Mr McIntyre was the usual penalty for a breach of the Rule in a case where the Respondent has a clear record and admits the breach.
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: 30146522c10855f39a3d882c1bf1093b
informantnumber: A5593
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: NZ Metro TC 15 December 2012 - R 3
charge:
Excessive use of the whip.
facts:
Following the running of Race 3, Divine Cakes & Desserts Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr J G Anderson, alleging a breach of Rule 869 (2) (a) in that, as the driver of K C PEDRO in the race, he “used his whip in a manner which Stewards deem to be excessive”.
Mr Anderson had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed at the hearing that Mr Anderson had received advice from Licensed Open Horseman, Mr M P Jones, prior to admitting the breach and, further, that he had indicated that he did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out Mr Anderson, driving K C PEDRO, widest on the track and challenging for the lead with approximately 200 metres to run. He alleged that, from that point, Mr Anderson had used his whip on approximately 24-25 occasions. The Committee noted that a number of those were in a backhand manner. Mr McIntyre alleged that Mr Anderson’s use of the whip was continuous with no pause. K C PEDRO had won the race by a narrow margin.
reasonsfordecision:
Decision:
Mr Anderson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre told the Committee that Mr Anderson had a clear record and that he had made a very frank admission of the breach. Mr McIntyre also informed the Committee that Mr Anderson had been very remorseful when shown the video replay. Mr McIntyre submitted that, having regard to those matters, the appropriate penalty was a fine of $200.
Mr McIntyre informed the Committee that Mr Anderson has had 56 drives in the current season and, in the 2011/2012 season, had a total of 92 drives.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr Anderson’s good record, his frank admission of the breach and the fact that he had showed remorse. The Committee also took into account that Mr Anderson was a Junior Horseman. The Committee accepted that a fine of the amount submitted by Mr McIntyre was the usual penalty for a breach of the Rule in a case where the Respondent has a clear record and admits the breach.
penalty:
Mr Anderson was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: J G Anderson, Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cd48f03acb6e71bbd68326ab0732d2ad
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ab464c63394dd921db59018ab831c71
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2012
meet_title: NZ Metro TC - 15 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC