NZ Metro TC 19 April 2013 – R 8
ID: JCA11736
Meet Title:
NZ Metro TC - 19 April 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2013/04/19
Race Number:
R8
Decision:
Mrs Tomlinson having admitted the charge, the charge was found proved.
Penalty:
Mrs Tomlinson’s Open Horseman’s Licence was suspended for the period commencing from after the close of racing on Thursday, 25 April 2013, up to and including Saturday, 11 May 2013 – effectively 4 driving days (Rangiora on 28 April, Addington on 3 May, Ashburton on 5 May and Addington on 11 May).
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 8, Eurofoods Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mrs A J Tomlinson, alleging that, as the driver of FORTUNATELY in the Race, she “used her whip in a manner which Stewards deem to be excessive”.
Mrs Tomlinson 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.
Submissions for Decision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mrs Tomlinson, driving FORTUNATELY, racing outside the leader as the field approached the home turn. From that point, Mr Ydgren alleged, Mrs Tomlinson used her whip approximately 21-22 times, which is over the threshold allowed by Stewards before laying a charge. Mrs Tomlinson did not dispute the alleged number.
The Committee noted that the horse finished in 2nd placing, a short neck from the winner and a nose in front of the 3rd placing.
Mrs Tomlinson did not wish to make any submissions in relation to the charge. She said that the evidence was clear and apologised for breaching the Rule.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mrs Tomlinson had been suspended for a period of 2 days at the Geraldine meeting on 2 February 2013 for a breach of the Rule. Mr Ydgren submitted that this was not the worst case, but was in the low-to-mid range. He submitted that a suspension of 3 to 4 days was appropriate. Mrs Tomlinson said that she preferred a suspension to a fine as she does not receive payment for driving.
Mrs Tomlinson sought a deferment of the suspension until after the meeting at Addington on 25 April 2013 at which she had an engagement to drive.
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. Mrs Tomlinson is entitled to a discount for her very frank admission of the breach and her remorse. She expressed a preference for a suspension rather than a fine and she explained that she did not receive payment for driving – she drives principally for her father.
An appropriate fine for this breach would be $400 which equates to 8 drives. On the basis that Mrs Tomlinson would likely have 2 drives per meeting, an appropriate term of suspension would be 4 days. The Committee was prepared to grant Mrs Tomlinson’s request for a deferment.
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: 29fbe0a07a045fb0e3506ebafa6515a4
informantnumber: A4993
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/04/2013
hearing_title: NZ Metro TC 19 April 2013 - R 8
charge:
Excessive use of the whip.
facts:
Following the running of Race 8, Eurofoods Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mrs A J Tomlinson, alleging that, as the driver of FORTUNATELY in the Race, she “used her whip in a manner which Stewards deem to be excessive”.
Mrs Tomlinson 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out Mrs Tomlinson, driving FORTUNATELY, racing outside the leader as the field approached the home turn. From that point, Mr Ydgren alleged, Mrs Tomlinson used her whip approximately 21-22 times, which is over the threshold allowed by Stewards before laying a charge. Mrs Tomlinson did not dispute the alleged number.
The Committee noted that the horse finished in 2nd placing, a short neck from the winner and a nose in front of the 3rd placing.
Mrs Tomlinson did not wish to make any submissions in relation to the charge. She said that the evidence was clear and apologised for breaching the Rule.
reasonsfordecision:
Decision:
Mrs Tomlinson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mrs Tomlinson had been suspended for a period of 2 days at the Geraldine meeting on 2 February 2013 for a breach of the Rule. Mr Ydgren submitted that this was not the worst case, but was in the low-to-mid range. He submitted that a suspension of 3 to 4 days was appropriate. Mrs Tomlinson said that she preferred a suspension to a fine as she does not receive payment for driving.
Mrs Tomlinson sought a deferment of the suspension until after the meeting at Addington on 25 April 2013 at which she had an engagement to drive.
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. Mrs Tomlinson is entitled to a discount for her very frank admission of the breach and her remorse. She expressed a preference for a suspension rather than a fine and she explained that she did not receive payment for driving – she drives principally for her father.
An appropriate fine for this breach would be $400 which equates to 8 drives. On the basis that Mrs Tomlinson would likely have 2 drives per meeting, an appropriate term of suspension would be 4 days. The Committee was prepared to grant Mrs Tomlinson’s request for a deferment.
penalty:
Mrs Tomlinson’s Open Horseman’s Licence was suspended for the period commencing from after the close of racing on Thursday, 25 April 2013, up to and including Saturday, 11 May 2013 – effectively 4 driving days (Rangiora on 28 April, Addington on 3 May, Ashburton on 5 May and Addington on 11 May).
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: A J Tomlinson, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 63be056352628dbbc0b6a755a9d6522a
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: 6c11c0bfcf3c6d799f5716c5952c242d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/04/2013
meet_title: NZ Metro TC - 19 April 2013
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