NZ Metro TC 15 July 2016 – R 1 – Chair, Mr S Ching
ID: JCA12218
Meet Title:
NZ Metro TC - 15 July 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/07/15
Race Number:
R1
Decision:
As Mr Turner had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Turner was fined the sum of $300.
Facts:
Following the running of Race 1, the (Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horseman Mr G Turner, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner that Stewards deemed to be excessive.
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 Turner had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Turner also confirmed that he understood the rule he was being charged with.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Turner, driving SUPERIOR DESIRE, who was racing midfield and 1 off the pylons. Mr Renault stated that as the field approached the final bend, Mr Turner drew his whip and used it on 25 occasions over the concluding stages which was clearly outside the whip guidelines. He also stated that there were 20 to 21 strikes free of the rein with another 4 to 5 hand on the rein. He also said there were insufficient pauses as required which is the reason the number of strikes has got to this level.
Mr Turner stated that quite a few of the strikes were on the sulky shaft but conceded that made no difference under the whip guidelines.
Submissions for Penalty:
Mr Renault stated that Mr Turner had driven on 3 occasions last season and so far this season, driven on 7 occasions including his drive on SUPERIOR DESIRE tonight. He also stated that Mr Turner had a clear penalty record and had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case.
Mr Turner made no submissions on penalty.
Reasons for Penalty:
In determining penalty, we took into account Mr Turner's clear penalty record and his admission of the breach. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Turner a discount of $100 for his clear record and a further discount of $100 for his admission of the breach. We therefore determined that a fine of $300 was an appropriate penalty in this case.
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: 417309377a2915c8b14b2b1b6ebcc61a
informantnumber: A 8406
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 18/07/2016
hearing_title: NZ Metro TC 15 July 2016 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the (Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, an Information was filed by Stipendiary Steward Mr S Renault against Advanced Amateur Horseman Mr G Turner, alleging a breach of Rule 869(2)(a) in that he used his whip in a manner that Stewards deemed to be excessive.
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 Turner had endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Turner also confirmed that he understood the rule he was being charged with.
Mr Renault gave evidence and showed video replays of the final stages of the race where he pointed out Mr Turner, driving SUPERIOR DESIRE, who was racing midfield and 1 off the pylons. Mr Renault stated that as the field approached the final bend, Mr Turner drew his whip and used it on 25 occasions over the concluding stages which was clearly outside the whip guidelines. He also stated that there were 20 to 21 strikes free of the rein with another 4 to 5 hand on the rein. He also said there were insufficient pauses as required which is the reason the number of strikes has got to this level.
Mr Turner stated that quite a few of the strikes were on the sulky shaft but conceded that made no difference under the whip guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Turner had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Turner had driven on 3 occasions last season and so far this season, driven on 7 occasions including his drive on SUPERIOR DESIRE tonight. He also stated that Mr Turner had a clear penalty record and had admitted the breach at the first opportunity.
Mr Renault stated the JCA Penalty Guide recommends a starting point of a $500 fine for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case.
Mr Turner made no submissions on penalty.
reasonsforpenalty:
In determining penalty, we took into account Mr Turner's clear penalty record and his admission of the breach. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to give Mr Turner a discount of $100 for his clear record and a further discount of $100 for his admission of the breach. We therefore determined that a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Turner was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: G Turner- Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a443e721f825dced3f170f6adc059c2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 78906aac39ac2983377283efa1f4dc27
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/07/2016
meet_title: NZ Metro TC - 15 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC