NZ Metro TC 17 February 2011 – R 3
ID: JCA12291
Meet Title:
NZ Metro TC - 17 February 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/02/17
Race Number:
R3
Decision:
The charge was found proved.
Penalty:
Mr Cusdin was fined the sum of $250.
Charge:
Following the running of Race 3, Addington Bakery 283 Lincoln Road Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr B H Cusdin, alleging that Mr Cusdin, as the driver of EASTWOOD AURORA in the race, “used his whip excessively in the run home”.
Mr Cusdin was present at the hearing of the information and he indicated that he did not admit the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J De Filippi.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Facts:
Mr Ydgren said that Mr Cusdin had been the driver of EASTWOOD AURORA in Race 3. He said that it was alleged that, in the run home, Mr Cusdin had used his whip on approximately 19-20 occasions which, he said, was too many.
Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 200-300 metres of the race. She pointed out Mr Cusdin, driving EASTWOOD AURORA, improving along the markers. He commenced to use the whip, with the reins as well, and then activated the earplugs. His use of the whip appeared to be “almost continuous to the line” with no alternative actions. The strikes were not particularly hard but it was the number of strikes that was of concern to the Stewards, Mrs Williams said.
Mr Ydgren alleged that the final 19 occasions were without pause. He referred to the guidelines for use of the whip. Mr Cusdin acknowledged that he was aware of those guidelines.
Mr De Filippi, on behalf of Mr Cusdin, said that he had driven the horse is in its previous start (on 5.2.11). He said he had spoken to Mr Cusdin prior to the race and suggested that he should “keep at him” at the finish and the horse would “keep on giving”. If he did not, the horse would “knock off”. Mr De Filippi said that he had advised Mr Cusdin to defend the charge.
Mr De Filippi submitted that the Rule or guidelines did not specify the number of strikes that were acceptable. He accepted that Mr Cusdin had hit the horse 19 times as alleged. Mr Cusdin had paused to pull the earplugs and he did pause briefly subsequently. Mr De Filippi stressed that the horse had dead-heated for 2nd placing with a half-head back to the 4th horse. He submitted that this was very relevant to the number of strikes. The strikes were not hard and it did not look bad. Mr Cusdin was merely trying to keep the horse’s momentum up.
In reply to a question by Mr De Filippi, Mr Cusdin said that he would have likely finished “about 5th” if he had not used his whip more than 15 times. Mr Cusdin said that he did pause briefly on one further occasion after the pause when he pulled the earplugs.
Finally, Mr De Filippi submitted that Mr Cusdin was trying to do his best for the horse, the owners and the betting public and should not be penalised for doing so.
Submissions for Decision:
Mr Cusdin has been charged with excessive use of the whip on EASTWOOD AURORA in Race 3.
Mr Ydgren showed the Committee a video replay of the final 200-300 metres of the race and he alleged that Mr Cusdin had used his whip 19-20 times in the run home with no distinct pauses or acceptable alternative actions. Mr Ydgren submitted that to use the whip 19 times in those circumstances was excessive or, simply, too much.
Neither Mr De Filippi, who assisted Mr Cusdin at the hearing, nor Mr Cusdin himself, disputed the number of strikes alleged by the Stewards. The defence presented by Mr De Filippi on behalf of Mr Cusdin was, essentially, that the horse needs to be driven in that manner to finish in the placing that it did – that is to say, 2nd equal. It is well-settled racing law that that does not amount to a defence to a charge of excessive use of the whip. At the end of the day, a horse must only be driven within the provisions of the Rules of Harness Racing.
Reasons for Decision:
We agree with Mr Ydgren that the use of the whip by Mr Cusdin on this occasion was excessive.
Submissions for Penalty:
Mr Ydgren informed the Committee that, on 12 December 2010, Mr Cusdin had received a one week’s suspension for excessive use of the whip. Mr Ydgren said that this breach was at the lower end of a scale of seriousness. Mr Ydgren submitted that the fact that Mr Cusdin did not admit the breach should not be held against him. A fine of $200-250 would be appropriate, Mr Ydgren submitted.
Mr Cusdin indicated that he would prefer a fine in preference to a term of suspension. On his behalf, Mr A M Butt, Licensed Open Driver, (Mr De Filippi did not return for penalty submissions) submitted that Mr Cusdin’s use of the whip had been excessive but the breach was at the lower end of the scale. Most of the strikes were not hard and many were with the reins still in his hand.
Reasons for Penalty:
In determining penalty, the Committee took into account that the breach was, in its opinion, in the low range as acknowledged by Mr Ydgren and submitted by Mr Butt. Mr Cusdin’s junior driver status was also taken into account. An aggravating factor was the previous breach by Mr Cusdin of the whip Rule in December 2010 – only 2 months ago.
The Committee also treated the charge as having been admitted although it was defended by Mr Cusdin. It was significant that Mr Butt readily accepted that Mr Cusdin’s use of the whip had been excessive during penalty submissions on behalf of Mr Cusdin.
Finally, the Committee advised Mr Cusdin that a further excessive use of the whip charge in the future would most likely result in a suspension of his Junior Driver’s licence.
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: 4a4edd9787e7830bbe69de17d541f853
informantnumber: 69275
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/02/2011
hearing_title: NZ Metro TC 17 February 2011 - R 3
charge:
Following the running of Race 3, Addington Bakery 283 Lincoln Road Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr B H Cusdin, alleging that Mr Cusdin, as the driver of EASTWOOD AURORA in the race, “used his whip excessively in the run home”.
Mr Cusdin was present at the hearing of the information and he indicated that he did not admit the breach. He was assisted at the hearing by Licensed Open Driver, Mr C J De Filippi.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
facts:
Mr Ydgren said that Mr Cusdin had been the driver of EASTWOOD AURORA in Race 3. He said that it was alleged that, in the run home, Mr Cusdin had used his whip on approximately 19-20 occasions which, he said, was too many.
Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 200-300 metres of the race. She pointed out Mr Cusdin, driving EASTWOOD AURORA, improving along the markers. He commenced to use the whip, with the reins as well, and then activated the earplugs. His use of the whip appeared to be “almost continuous to the line” with no alternative actions. The strikes were not particularly hard but it was the number of strikes that was of concern to the Stewards, Mrs Williams said.
Mr Ydgren alleged that the final 19 occasions were without pause. He referred to the guidelines for use of the whip. Mr Cusdin acknowledged that he was aware of those guidelines.
Mr De Filippi, on behalf of Mr Cusdin, said that he had driven the horse is in its previous start (on 5.2.11). He said he had spoken to Mr Cusdin prior to the race and suggested that he should “keep at him” at the finish and the horse would “keep on giving”. If he did not, the horse would “knock off”. Mr De Filippi said that he had advised Mr Cusdin to defend the charge.
Mr De Filippi submitted that the Rule or guidelines did not specify the number of strikes that were acceptable. He accepted that Mr Cusdin had hit the horse 19 times as alleged. Mr Cusdin had paused to pull the earplugs and he did pause briefly subsequently. Mr De Filippi stressed that the horse had dead-heated for 2nd placing with a half-head back to the 4th horse. He submitted that this was very relevant to the number of strikes. The strikes were not hard and it did not look bad. Mr Cusdin was merely trying to keep the horse’s momentum up.
In reply to a question by Mr De Filippi, Mr Cusdin said that he would have likely finished “about 5th” if he had not used his whip more than 15 times. Mr Cusdin said that he did pause briefly on one further occasion after the pause when he pulled the earplugs.
Finally, Mr De Filippi submitted that Mr Cusdin was trying to do his best for the horse, the owners and the betting public and should not be penalised for doing so.
appealdecision:
isappeal:
submissionsfordecision:
Mr Cusdin has been charged with excessive use of the whip on EASTWOOD AURORA in Race 3.
Mr Ydgren showed the Committee a video replay of the final 200-300 metres of the race and he alleged that Mr Cusdin had used his whip 19-20 times in the run home with no distinct pauses or acceptable alternative actions. Mr Ydgren submitted that to use the whip 19 times in those circumstances was excessive or, simply, too much.
Neither Mr De Filippi, who assisted Mr Cusdin at the hearing, nor Mr Cusdin himself, disputed the number of strikes alleged by the Stewards. The defence presented by Mr De Filippi on behalf of Mr Cusdin was, essentially, that the horse needs to be driven in that manner to finish in the placing that it did – that is to say, 2nd equal. It is well-settled racing law that that does not amount to a defence to a charge of excessive use of the whip. At the end of the day, a horse must only be driven within the provisions of the Rules of Harness Racing.
reasonsfordecision:
We agree with Mr Ydgren that the use of the whip by Mr Cusdin on this occasion was excessive.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that, on 12 December 2010, Mr Cusdin had received a one week’s suspension for excessive use of the whip. Mr Ydgren said that this breach was at the lower end of a scale of seriousness. Mr Ydgren submitted that the fact that Mr Cusdin did not admit the breach should not be held against him. A fine of $200-250 would be appropriate, Mr Ydgren submitted.
Mr Cusdin indicated that he would prefer a fine in preference to a term of suspension. On his behalf, Mr A M Butt, Licensed Open Driver, (Mr De Filippi did not return for penalty submissions) submitted that Mr Cusdin’s use of the whip had been excessive but the breach was at the lower end of the scale. Most of the strikes were not hard and many were with the reins still in his hand.
reasonsforpenalty:
In determining penalty, the Committee took into account that the breach was, in its opinion, in the low range as acknowledged by Mr Ydgren and submitted by Mr Butt. Mr Cusdin’s junior driver status was also taken into account. An aggravating factor was the previous breach by Mr Cusdin of the whip Rule in December 2010 – only 2 months ago.
The Committee also treated the charge as having been admitted although it was defended by Mr Cusdin. It was significant that Mr Butt readily accepted that Mr Cusdin’s use of the whip had been excessive during penalty submissions on behalf of Mr Cusdin.
Finally, the Committee advised Mr Cusdin that a further excessive use of the whip charge in the future would most likely result in a suspension of his Junior Driver’s licence.
penalty:
Mr Cusdin was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer: BH Cusdin - Licensed Junior Driver
Otherperson: Mr CJ De Filippi - Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: f070b925c6447c77f51f415a763d9918
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
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race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: bbd426b5c6e133bea757cffd449338fa
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/02/2011
meet_title: NZ Metro TC - 17 February 2011
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meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
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name: NZ Metro TC