Archive Decision

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NZ Metro TC 2 August 2019 – R 6 – Chair, Mr D Jackson

ID: JCA12380

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Ms K Cox - Licensed Horseman

Information Number:
A10755

Hearing Type:
Hearing

New Charge:
Contravention of the Whip Regulations

Rules:
869(2)(A)

Plea:
admitted

Meet Title:
NZ Metro TC - 2 August 2019

Meet Chair:
DJackson

Meet Committee Member 1:
HWeston

Race Date:
2019/08/02

Race Number:
R 6

Decision:

In light of Ms Cox’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.

Penalty:

Accordingly, Ms Cox is suspended for two days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Rangiora on 11 August and Addington on 16 August 2019.

Facts:

Ms Cox admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 6 of this meeting she used her whip excessively over the concluding stages of the race when driving SPY DA MOMENT.

This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective 1 November 2017) provides (b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Ms Cox countersigned the information admitting the charge and confirmed same when she appeared before the Committee.

Through video evidence Mr Ydgren showed Ms Cox strike her drive with the whip 12 times during its run down the home straight to the finish.

Submissions for Penalty:

Mr Ydgren submitted that Ms Cox benefitted from the six-month clean slate or “re-set” provision of the whip regulations. As a result, her record was clear. However, Mr Ydgren went on to submit that this was Ms Cox’s third breach of the rule in the last 12 months (with similar breaches on 31 August 2018 and 2 December 2018). Mr Ydgren submitted that for a driver who was not “overly busy” a third breach in a year simply was not good enough. He invited the Committee to consider a suspension. He indicated a starting point of 3 days was appropriate. Otherwise, the sliding scale provided for a fine of $200.00.

Ms Cox initially sought a fine per the sliding scale of $200.00. Upon further consideration, Ms Cox sought a suspension of 1 day.

Reasons for Penalty:

The Committee is prepared to suspend Ms Cox in the circumstances. However, a 1-day suspension would be a disproportionate penalty for the breach. That is to say, for a driver of Ms Cox’s experience and workload (meaning the frequency with which she drives at meetings) it would be no penalty at all. The JCA Penalty Guidelines call for a suspension start point of three to five days. We fix the start point as three days. Her record is clear by operation of the clean slate provision. There is no uplift. From that three-day start point we will deduct one day for her admission.

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: 5597d43dd517a75afa5c3045c50a504c


informantnumber: A10755


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 05/08/2019


hearing_title: NZ Metro TC 2 August 2019 - R 6 - Chair, Mr D Jackson


charge:


facts:

Ms Cox admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 6 of this meeting she used her whip excessively over the concluding stages of the race when driving SPY DA MOMENT.

This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective 1 November 2017) provides (b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Ms Cox countersigned the information admitting the charge and confirmed same when she appeared before the Committee.

Through video evidence Mr Ydgren showed Ms Cox strike her drive with the whip 12 times during its run down the home straight to the finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

In light of Ms Cox’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.


sumissionsforpenalty:

Mr Ydgren submitted that Ms Cox benefitted from the six-month clean slate or “re-set” provision of the whip regulations. As a result, her record was clear. However, Mr Ydgren went on to submit that this was Ms Cox’s third breach of the rule in the last 12 months (with similar breaches on 31 August 2018 and 2 December 2018). Mr Ydgren submitted that for a driver who was not “overly busy” a third breach in a year simply was not good enough. He invited the Committee to consider a suspension. He indicated a starting point of 3 days was appropriate. Otherwise, the sliding scale provided for a fine of $200.00.

Ms Cox initially sought a fine per the sliding scale of $200.00. Upon further consideration, Ms Cox sought a suspension of 1 day.


reasonsforpenalty:

The Committee is prepared to suspend Ms Cox in the circumstances. However, a 1-day suspension would be a disproportionate penalty for the breach. That is to say, for a driver of Ms Cox’s experience and workload (meaning the frequency with which she drives at meetings) it would be no penalty at all. The JCA Penalty Guidelines call for a suspension start point of three to five days. We fix the start point as three days. Her record is clear by operation of the clean slate provision. There is no uplift. From that three-day start point we will deduct one day for her admission.


penalty:

Accordingly, Ms Cox is suspended for two days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Rangiora on 11 August and Addington on 16 August 2019.


hearing_type: Hearing


Rules: 869(2)(A)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Ms K Cox - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a7cc590af48fb08493285745f5bcb49f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6588692f1de8c8f768ad6e4081f413fc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/08/2019


meet_title: NZ Metro TC - 2 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DJackson


meet_pm1: HWeston


meet_pm2: none


name: NZ Metro TC