NZ Metro TC 15 November 2013 – R 9
ID: JCA10902
Meet Title:
NZ Metro TC - 15 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/11/15
Race Number:
R9
Decision:
Miss Panella having admitted the charge, the charge was found proved.
Penalty:
Miss Panella is fined the sum of $400.
Facts:
Following the running of Race 9, “Woodlands” New Zealand Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver (Australia), Miss L R Panella, alleging that, as the driver of SUAVE STUEY LOMBO in the race, she “used her whip excessively in the home straight”.
Miss Panella was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Panella, driving SUAVE STUEY LOMBO, the leader as the field approached the home turn. From that point, Mr McIntyre alleged, Miss Panella used her whip approximately 30 times, which is excessive. Miss Panella did not dispute the alleged number.
The Committee noted that the horse finished in 6th placing.
Miss Panella submitted that she had made some effort to break up her use of the whip. She said that it was difficult for her to come from Australia and adjust to the New Zealand whip Rule. She said that she has had five drives in New Zealand, after driving for 3 years in Australia under a different Rule. She was focussed on driving the horse in the final stages of a Group 1 race, she said.
Submissions for Penalty:
Mr McIntyre informed the Committee that Miss Panella had been fined $250 at the Ashburton meeting on 28 October 2013 for a breach of the Rule. Mr McIntyre submitted that this was a Group 1 race. Having regard to that fact and to Miss Panella’s recent breach, he submitted that an appropriate penalty was a fine of $400.
Mr McIntyre said that the starting point in the Penalty Guide, for a second breach within a year, is a fine of $500. He asked the Committee to consider that Miss Panella is a junior driver.
Miss Panella made no submission regarding penalty.
Reasons for Penalty:
In determining penalty, the Committee noted that the starting point for a second breach of the Rule within a year is 10 drives or a fine of $500.
The Committee increased the starting point to $600 having regard to the status of the race (Group 1) and the stake payable ($200,000). Mitigating factors were Miss Panella’s very frank admission of the breach and her junior driver status. We believed that she was entitled to a discount of $200 for those factors.
The Committee saw the breach as being in the mid to high range given the number of strikes. However, it did not take this into account as an aggravating factor.
A fine of $400, as submitted by Mr McIntyre, is appropriate in all of the circumstances.
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: 062ad80b6eb98f3a399631361e63545a
informantnumber: A1571
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: NZ Metro TC 15 November 2013 - R 9
charge:
facts:
Following the running of Race 9, “Woodlands” New Zealand Free-For-All (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver (Australia), Miss L R Panella, alleging that, as the driver of SUAVE STUEY LOMBO in the race, she “used her whip excessively in the home straight”.
Miss Panella was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Panella, driving SUAVE STUEY LOMBO, the leader as the field approached the home turn. From that point, Mr McIntyre alleged, Miss Panella used her whip approximately 30 times, which is excessive. Miss Panella did not dispute the alleged number.
The Committee noted that the horse finished in 6th placing.
Miss Panella submitted that she had made some effort to break up her use of the whip. She said that it was difficult for her to come from Australia and adjust to the New Zealand whip Rule. She said that she has had five drives in New Zealand, after driving for 3 years in Australia under a different Rule. She was focussed on driving the horse in the final stages of a Group 1 race, she said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Panella having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Miss Panella had been fined $250 at the Ashburton meeting on 28 October 2013 for a breach of the Rule. Mr McIntyre submitted that this was a Group 1 race. Having regard to that fact and to Miss Panella’s recent breach, he submitted that an appropriate penalty was a fine of $400.
Mr McIntyre said that the starting point in the Penalty Guide, for a second breach within a year, is a fine of $500. He asked the Committee to consider that Miss Panella is a junior driver.
Miss Panella made no submission regarding penalty.
reasonsforpenalty:
In determining penalty, the Committee noted that the starting point for a second breach of the Rule within a year is 10 drives or a fine of $500.
The Committee increased the starting point to $600 having regard to the status of the race (Group 1) and the stake payable ($200,000). Mitigating factors were Miss Panella’s very frank admission of the breach and her junior driver status. We believed that she was entitled to a discount of $200 for those factors.
The Committee saw the breach as being in the mid to high range given the number of strikes. However, it did not take this into account as an aggravating factor.
A fine of $400, as submitted by Mr McIntyre, is appropriate in all of the circumstances.
penalty:
Miss Panella is fined the sum of $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: L R Panella, Licensed Junior Driver (Australia)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 69579254cdca3f1624ae24bd7b7c5bd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a55373ea6b3b9160aa9da74decd42ca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2013
meet_title: NZ Metro TC - 15 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC